Thomas Edward Stokes, Jr. v. State

Summary

The Georgia Court of Appeals dismissed Thomas Edward Stokes, Jr.’s appeal for lack of jurisdiction because his notice of appeal was filed more than two years after his convictions and after he waived his pending motion for new trial. The court explained that a timely notice of appeal is required and informed Stokes of the procedure for seeking an out-of-time appeal.

Holdings

1. A timely notice of appeal is an absolute requirement for appellate jurisdiction, and because Stokes waived his pending motion for new trial before an order was entered on it, the motion did not extend the time for appealing the judgment of conviction. His notice of appeal, filed more than two years after the judgment, was untimely.

Questions Presented

1. Whether the Court of Appeals had jurisdiction over a notice of appeal filed more than two years after the judgment of conviction when the defendant waived a pending motion for new trial before entry of an order on that motion.

Disposition

dismissed