Paul Murray v. State ( 2016 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    October 13, 2016
    The Court of Appeals hereby passes the following order:
    A17A0394. PAUL MURRAY v. THE STATE.
    In 2006, Paul Murray pled guilty to three counts of child molestation, for which
    he was sentenced to twenty years to serve in prison. Since that time, Murray has filed
    numerous motions with the trial court and multiple appeals with this Court, all of
    which were dismissed. See Case Nos. A11A0456, A14A0568, and A15D0029.
    Murray now seeks a direct appeal from the trial court’s July 18, 2014 order
    dismissing his “Motion to Set Aside Sentence,” through a notice of appeal filed on
    September 15, 2014.1 We, however, lack jurisdiction.
    To be timely, a notice of appeal must be filed within 30 days of entry of the
    order on appeal. See 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). Because Murray filed his notice
    of appeal 59 days after entry of the order he seeks to appeal, it is untimely.
    Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.
    1
    In Case No. A15D0029, Murray sought discretionary review of the same trial
    court order. His application was dismissed as untimely on September 22, 2014.
    Court of Appeals of the State of Georgia
    10/13/2016
    Clerk’s Office, Atlanta,____________________
    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.
    

Document Info

Docket Number: A17A0394

Filed Date: 10/25/2016

Precedential Status: Precedential

Modified Date: 10/25/2016