Mia Sherett Newell v. State ( 2018 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    March 14, 2018
    The Court of Appeals hereby passes the following order:
    A18A1328. MIA SHERETT NEWELL v. THE STATE.
    A jury found Mia Sherett Newell guilty of two counts of theft by deception and
    one count of false reporting of a crime. Newell filed a motion for new trial, which the
    trial court denied on October 25, 2017. On November 28, 2017, Newell filed a notice
    of appeal. We lack jurisdiction.
    A notice of appeal must be filed within 30 days after entry of the order to be
    appealed. 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. Rowland v. State, 
    264 Ga. 872
    , 872 (1) (452 SE2d 756) (1995). Because Newell filed her notice of appeal
    34 days after entry of the trial court’s order, her appeal is untimely. We thus lack
    jurisdiction to consider this appeal, which is hereby DISMISSED.1
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    03/14/2018
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    1
    We note that Newell also sought an out-of-time appeal. The trial court denied
    her request, and that order is on appeal in Case Number A18A1329.
    

Document Info

Docket Number: A18A1328

Filed Date: 3/15/2018

Precedential Status: Precedential

Modified Date: 3/15/2018