Eisele v. State

Ruffin, Judge.

On March 13, 1998, a jury found Klaus Eisele guilty of theft by taking property in excess of $500. On March 20, 1998, the trial court sentenced Eisele to five years probation. On April 21, 1998, Eisele filed a motion for new trial which was untimely pursuant to OCGA § 5-5-40 (a), 1 and on June 12, 1998, Eisele filed a request to file an out-of-time motion for new trial. On June 26, 1998, the trial court denied Eisele’s request for an out-of-time motion for new trial, finding no good cause was shown for the untimely filing. On July 15, 1998, Eisele filed a motion for permission…