Moussa Diarra v. State ( 2024 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 13, 2024
The Court of Appeals hereby passes the following order:
A24A1703. MOUSSA DIARRA v. THE STATE.
Moussa Diarra was charged with aggravated assault and other crimes. In
February 2019, the trial court entered an order finding him incompetent to stand trial.
In September 2019, the trial court entered an order of nolle prosequi, noting that the
State could not proceed at that time with the evidence available. In June 2024, Diarra
filed a notice of appeal from the court’s February 2019 competency order. We lack
jurisdiction.
Pretermitting the substantive issues raised by this appeal, the appeal is untimely.
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. Redford v. State, 357 Ga.
App. 247, 250 (850 SE2d 447) (2020). Diarra’s notice of appeal, filed more than five
years after entry of the order he wishes to appeal, was untimely. Accordingly, we lack
jurisdiction to consider this appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
08/13/2024
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.