State v. Charles E. Hatley

Court of Appeals of the State of Georgia ATLANTA,____________________ November 29, 2022 The Court of Appeals hereby passes the following order: A23A0572. THE STATE v. CHARLES E. HATLEY. In this pending criminal proceeding, the trial court denied the State’s motion to compel testimony on June 28, 2022. The State filed a motion for reconsideration, which the trial court denied on September 9, 2022. That same day, the State filed a notice of appeal. We lack jurisdiction. Pretermitting whether the State correctly asserts that it is authorized to bring this direct appeal under OCGA § 5-7-1 (a) (5), a notice of appeal filed pursuant to this Code section must be filed within two days of the trial court’s ruling. See OCGA § 5-7-1 (a) (5) (A). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon an appellate court. State v. Thompson, 152 Ga. App. 5, 5 ( 262 SE2d 214 ) (1979). Here, the State filed its notice of appeal 73 days after the trial court denied its motion to compel testimony. Although the State filed a motion for reconsideration, the denial of a motion for reconsideration is not appealable in its own right and does not extend the time for filing a notice of appeal. See State v. White, 282 Ga. 859, 860 (1) ( 655 SE2d 575 ) (2008). Accordingly, we lack jurisdiction over this appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/29/2022 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.