Johnson v. State

On July 3, 1986, the trial court entered an order allowing the appeal in the sole basis that “the State does not oppose the Motion” and consents to the order. A notice of appeal was tendered by defense counsel when the motion for out-of-time appeal was filed.

Based on OCGA §§ 5-6-38 and 5-6-39, this court does not have jurisdiction and the appeal should be dismissed. A trial court has no jurisdiction to grant an extension of time for filing a notice of appeal where the application is not made before the expiration of 30 days. OCGA § 5-6-39 (d); Morris v. State, 115 Ga. App. 715 (155 SE2d 735) *480(…