Porter v. State

Carley, Justice.

A jury found Eric Porter guilty of malice murder and, on August 27, 1998, the trial court entered its judgment of conviction and imposed a life sentence. Porter’s counsel filed a motion for new trial on September 30, 1998, which was two days late. See OCGA § 5-5-40 (a). On March 31, 1999, the trial court denied the motion for new trial and, on April 30, 1999, Porter, who is now represented by new appellate counsel, filed a notice of appeal to this Court.

“ ‘ “The proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the…