McDuffie v. The State

Summary

The Georgia Court of Appeals dismissed Robert McDuffie's appeal because he failed to file a brief and enumeration of errors within the time required by Court of Appeals Rule 23(a). The order explains that, because McDuffie was represented by counsel, he may seek leave from the trial court to pursue an out-of-time appeal.

Holdings

1. An appellant's failure to file a brief and enumeration of errors within the 20-day period required by Court of Appeals Rule 23(a) constitutes abandonment of the appeal and warrants dismissal.

Questions Presented

1. Whether an appeal should be dismissed as abandoned when the appellant fails to file a brief and enumeration of errors within the period required by Court of Appeals Rule 23(a).

Disposition

dismissed