Automated Summary
Key Facts
On November 29, 2011, Bella Jenkins pled guilty to arson and criminal damage to property. She filed a pro se notice of appeal on January 12, 2012, which was 44 days after the entry of judgment. The Court of Appeals of Georgia dismissed her appeal as untimely because the notice of appeal must be filed within 30 days after entry of the appealable order per OCGA § 5-6-38(a). The court informed Jenkins she may petition the trial court for leave to file an out-of-time appeal.
Issues
The Court of Appeals dismissed Bella Jenkins' appeal as untimely because her notice of appeal was filed 44 days after the judgment, exceeding the statutory 30-day filing requirement under OCGA § 5-6-38(a). The court noted she may petition the trial court for leave to file an out-of-time appeal.
Holdings
The Court of Appeals dismissed Bella Jenkins' appeal as untimely because her notice of appeal was filed 44 days after the entry of judgment, exceeding the 30-day filing requirement under OCGA § 5-6-38(a). The court noted Jenkins may petition the trial court for leave to file an out-of-time appeal. If the trial court grants the request, she would have 30 days from that order to file a notice of appeal referencing her conviction. If denied, she would have 30 days from the denial order to file a notice of appeal referencing the denial.
Remedies
The Court of Appeals dismissed the appeal as untimely because the notice of appeal was filed 44 days after entry of judgment, which exceeds the 30-day requirement under OCGA § 5-6-38(a). The appellant was informed of the option to petition the trial court for leave to file an out-of-time appeal.
Legal Principles
A notice of appeal must be filed within 30 days after entry of the appealable order to be timely. The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on the Court of Appeals. If filed late, the appeal is dismissed as untimely, though the appellant may petition the trial court for leave to file an out-of-time appeal.
Precedent Name
Rowland v. State
Cited Statute
Official Code of Georgia Annotated
Passage Text
- Jenkins did not file her notice of appeal until 44 days after entry of the judgment she seeks to appeal. Accordingly, her appeal is hereby DISMISSED as untimely.
- If you still wish to appeal, you may petition the trial court for leave to file an out-of-time appeal. If the trial court grants your request, you will have 30 days from the entry of that order to file a notice of appeal referencing your conviction.
- To be timely, a notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court.