Calvin Smith v. State ( 2017 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
November 27, 2017
The Court of Appeals hereby passes the following order:
A18A0636. CALVIN SMITH v. THE STATE.
In this criminal action, the trial court entered an order on August 11, 2017,
denying several pretrial motions filed by defendant Calvin Smith, including motions
in which Smith raised double jeopardy and statutory speedy trial claims. On August
21, 2017, Smith filed a notice of appeal, seeking review of the August 11 order. That
appeal has been docketed in this Court as Case No. A18A0464.
On September 13, 2017, Smith filed a second notice of appeal, again seeking
review of the August 11 order. That appeal has been docketed in this Court as the
instant case, No. A18A0636.
A notice of appeal must be filed within 30 days of entry of the order sought to
be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal
is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264
Ga. 872, 872 (1) (452 SE2d 756) (1995). Smith’s notice of appeal in Case
No. A18A0636 is untimely, as it was filed 33 days after entry of the trial court’s
order. The appeal in Case No. A18A0636 also is duplicative of the currently pending
appeal in Case No. A18A0464. Consequently, Case No. A18A0636 is hereby
DISMISSED as untimely and superfluous. The parties are DIRECTED to submit all
future filings in this appeal under Case No. A18A0464.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
11/27/2017
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.