Balkcom v. State

I respectfully dissent because OCGA § 5-6-35 (a). (7) is not involved. It requires that an application in the nature of a petition for permission to appeal (subsection (b)) be filed in cases in which a party desires to appeal from the denial of an extraordinary motion for new trial when separate from the original appeal. Balkcom’s appeal is from the judgment of conviction entered September 16, 1994, and the order denying his amended motion for new trial entered September 13, 1996. The notice of appeal was filed within 30 days of the latter event, and Balkcom’s court-appointed attorney filed…