Aldridge v. State

Summary

The Georgia Court of Appeals held that although the trial court properly authorized an out-of-time appeal because trial counsel failed to file an appeal as requested, the defendant’s notice of appeal was filed 78 days after that authorization and was therefore untimely. The court dismissed the appeal, concluding that no further extension was authorized.

Holdings

1. A criminal defendant may be permitted to file an out-of-time appeal when trial counsel fails to file an appeal despite the defendant's request; therefore, the trial court was authorized to grant Aldridge's motion.
2. The notice of appeal was untimely because it was filed seventy-eight days after entry of the order allowing the out-of-time appeal.
3. The trial court was not authorized to grant additional time because Aldridge never requested an additional extension and OCGA § 5-6-39 (c) permits only one extension, limited to the period otherwise allowed for the initial notice.

Questions Presented

1. Whether the trial court was authorized to grant Aldridge permission to file an out-of-time appeal when trial counsel failed to file an appeal despite being asked to do so.
2. Whether Aldridge's notice of appeal was timely when filed seventy-eight days after the order granting permission to file an out-of-time appeal.
3. Whether the trial court could grant an additional extension of time for filing the notice of appeal.

Disposition

dismissed