Sikes v. State

Deen, Presiding Judge.

Appellant Sikes was convicted of first-degree vehicular homicide and sentenced to seven years’ imprisonment, to be followed by four years’ probation. Judgment was entered April 16, 1986, and on the same day Sikes moved for new trial on the general grounds. The motion was denied July 23, and on August 26 he filed in the Gwinnett County Superior Court a notice of appeal from the judgment.

OCGA § 5-6-38 (a) provides in pertinent part: “[W]hen a motion for new trial . . . has been filed, the notice [of appeal] shall be filed within 30 days ... of the order granting,…