Legal Opinion

Simmons v. State

Court of Appeals of Georgia

Decided September 10, 1997No. A98A0129PublishedCited by 5 opinions

1Opinion of the Court

McMurray, Presiding Judge.

Simmons filed a motion to correct sentence, which the trial court denied by order dated July 16,1996. He then filed a motion for reconsideration of that order, which the trial court denied June 24, 1997. Simmons filed a notice of appeal on July 30, 1997. The filing of the motion for reconsideration did not extend the time for filing the notice of appeal, and the appeal is accordingly untimely. Campbell v. State, 192 Ga. App. 316 (385 SE2d 14) (1989). Even if the order appealed from had been dated June 24, 1997, the appeal would have been untimely. OCGA §§ 5-6-38 (a);…

2Cases cited2 opinions

  1. Campbell v. StateCourt of Appeals of Georgia · 1989
  2. Westerfield v. StateCourt of Appeals of Georgia · 1984

3Cited by5 opinions

  1. Ross v. StateCourt of Appeals of Georgia · 2011
  2. Welborn v. StateCourt of Appeals of Georgia · 1998
  3. Segura v. StateCourt of Appeals of Georgia · 2006
  4. Copeland v. StateCourt of Appeals of Georgia · 2003
  5. Underwood v. Lanier Home Center, Inc.Court of Appeals of Georgia · 1999

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