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State v. Andrade

Court of Appeals of Georgia

January 23, 2015

THE STATE
v.
ANDRADE

Cert. applied for.

Notice of appeal. Atkinson Superior Court. Before Judge McClain.

Richard L. Perryman III, District Attorney, Rebekah M. Ditto, Jennifer R. Smith, Assistant District Attorneys, for appellant.

John W. Strickland, Jr., for appellee.

MILLER, Judge. Andrews, P. J., and Branch, J., concur.

OPINION

Miller, Judge.

On June 6, 2014, the trial court entered an order granting Aram Andrade's motion to suppress his incriminating statements on the basis that the statements were involuntary. The State filed a notice of appeal of this order on June 23, 2014. However, pursuant to a recent amendment to OCGA § 5-7-1 (a) (5) (A), which became effective on July 1, 2013, the State was required to file its notice of appeal within two days of the trial court's ruling.[1] The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Couch v. United Paperworkers Intl. Union, 224 Ga.App. 721 (482 S.E.2d 704) (1997). Because the State's notice of appeal was untimely filed 17 days after entry of the trial court's order, we lack jurisdiction. Accordingly, this appeal is dismissed.

Appeal dismissed.

Andrews, P. J., and Branch, J., concur.


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