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Lawskills.com Georgia Caselaw
WESTERFIELD v. THE STATE.
67422.
BANKE, Judge.
Incest. Walton Superior Court. Before Judge Ridgway.
Appellant's notice of appeal was filed 31 days following the trial court's denial of his motion for a new trial. Held:
Absent a lawful extension of time, a notice of appeal must be filed within 30 days after the entry of an order denying a motion for a new trial. See OCGA 5-6-38 (a) (Code Ann. 6-803). It is well established that this court is without jurisdiction where the notice of appeal is not timely filed in accordance with the statutory requirements. See Hose v. State, 159 Ga. App. 842 (285 SE2d 588) (1981); Washington v. State, 158 Ga. App. 829 (282 SE2d 776) (1981); Smith v. State, 140 Ga. App. 492 (231 SE2d 493) (1976).
John T. Strauss, District Attorney, John M. Ott, Assistant District Attorney, for appellee.
G. Hughel Harrison, Samuel H. Harrison, for appellant.
DECIDED JANUARY 13, 1984.
Thursday May 21 18:57 EDT


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