James Charles Roberts v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ September 29, 2016 The Court of Appeals hereby passes the following order: A17A0271. JAMES CHARLES ROBERTS v. THE STATE. In 2012, a jury found James Roberts guilty of armed robbery and theft by taking. In 2015, Roberts filed a pro se motion for an out-of-time appeal, which the trial court granted on July 25, 2016. On September 2, 2016, Roberts filed a pro se notice of appeal. We lack jurisdiction. A defendant granted an out-of-time appeal by the trial court has 30 days from the grant of the motion to file a notice of appeal. See Carr v. State, 281 Ga. 43, 44 ( 635 SE2d 767 ) (2006); Rowland v. State, 264 Ga. 872, 876 (2) ( 452 SE2d 756 ) (1995). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland, 264 Ga. at 872 (1). Roberts’s notice of appeal is untimely, as it was filed 39 days after entry of the order granting his motion for an out-of-time appeal. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia 09/29/2016 Clerk’s Office, Atlanta,____________________ 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.