Johnson v. State

Court of Appeals of Georgia

Decided June 2, 1987

Court of Appeals of Georgia · decided 1987-06-02

Cited by 6 later decisions — most recently January 1995

6 state decisions

Key passage — most relied on by later courts

“The requirement of a timely filed notice of appeal is jurisdictional, even as to criminal cases, and, absent an extension, upon the failure to file such notice within 30 days after a judgment becomes final the appeal must be dismissed.”

quoted by 1 later decision, including 190 Ga. App. 320 - Snelson v. State

Relies on In re J. S. C.

Good law ✅— No negative treatment on recordhow we know

Decided 1987-06-02

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Carley, Judge,

¶1dissenting.

¶2I must dissent in this case because I believe that this appeal should be dismissed and not considered on its merits. “The requirement of a timely filed notice of appeal is jurisdictional, even as to criminal cases, and, absent an extension, upon the failure to file such notice within 30 days after a judgment becomes final the appeal must *170be dismissed. [Cits.]” Rimes v. State, 182 Ga. App. 721 (356 SE2d 897) (1987).

Decided June 2, 1987.James W. Smith, for appellant.Timothy G. Madison, District Attorney, T. David Motes, Assistant District Attorney, for appellee.

¶3I am authorized to state that Presiding Judge Deen, Judge Pope and Judge Beasley join in this dissent.