Sharp v. State

Beasley, Judge.

1. Appellant was convicted on February 19, 1986, of cruelty to children (OCGA § 16-5-70), and sentenced on May 15. The court allowed her to file an extraordinary motion for new trial (OCGA § 5-5-41), but after conducting a hearing, denied the motion in an order filed September 17. On September 9, appellant filed a notice of appeal from the judgment of conviction and sentence in which she stated that the “motion for new trial was filed and overruled ... on or about August 28, 1986.”

Thus the notice of appeal was filed prematurely. We review the case on its merits rather than…