Walls v. State

Beasley, Judge.

Walls and Claude appeal from their judgments of conviction and sentence following denial of their joint motion for new trial. The motion was filed beyond the time statutorily provided. OCGA § 5-5-40 (a). However, this was with permission of the court, apparently for the reason that new counsel was not appointed for post-conviction proceedings until after 30 days had elapsed. The motion was an extraordinary motion, allowed under OCGA § 5-5-41. A direct appeal is authorized, because it is not separate from the original appeal. If it had been, an application would first have been…