Appellant was convicted on October 29, 1982 of criminal trespass and obstruction of an officer. On November 19, 1982 appellant filed a notice of appeal and a motion for a new trial. On May 16, 1983 the motion for new trial was denied, and appellant did not file a notice of appeal from that decision.
The State has filed a motion to dismiss the appeal on the ground that appellant's notice of appeal filed on November 19, 1982 was premature, and since the procedure for filing a notice of appeal was not followed after denial of appellant's motion for new trial, this court has no jurisdiction to consider the appeal. We agree.
(a) provides, in pertinent part: "A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of; but when a motion for new trial . . . has been filed, the notice shall be filed within 30 days after the entry of the order . . . overruling, or otherwise finally disposing of the motion. . . ."
In Graves v. State, 116 Ga. App. 19 (156 SE2d 205) (1967)
, this court held: "The notice of appeal having been filed while motion for new trial was pending the appeal was prematurely made and must be dismissed . . ."
State, 242 Ga. 173
, 175 (249 SE2d 547
) (1978). However, out of an abundance of caution emanating from the decision of the United States Supreme Court in Evitts v. Lucey, 469 U. S. ___ (105 SC 830, 83 LE2d 821), we have examined the entire transcript and find no reversible error. Accordingly, the State's motion is granted and the appeal is dismissed.