Alexander Lorenzo Jackson v. State ( 2023 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
November 13, 2023
The Court of Appeals hereby passes the following order:
A24A0335. ALEXANDER LORENZO JACKSON v. THE STATE.
Alexander Lorenzo Jackson was convicted of rape and false imprisonment.
Following the denial of his motion for new trial, we affirmed his convictions on
appeal. Jackson v. State, 334 Ga. App. 469 (779 SE2d 700) (2015). Following his
appeal, Jackson filed a pro se extraordinary motion for new trial. The trial court
dismissed the motion on February 9, 2023, and Jackson filed a motion for
reconsideration, which the trial court denied on February 20, 2023. Jackson then filed
a notice of appeal on March 22, 2023. We lack jurisdiction for several reasons.
First, OCGA § 5-6-35 (a) (7) requires a discretionary application to appeal
from an order denying or dismissing an extraordinary motion for new trial. Davis v.
State, 182 Ga. App. 736, 736-737 (356 SE2d 762) (1987). “Compliance with the
discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human
Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996).
Next, even if Jackson was entitled to a direct appeal of the order denying the
extraordinary motion for new trial, this appeal is untimely. A notice of appeal must
be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a).
The proper and timely filing of a notice of appeal is an absolute requirement to confer
appellate jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d
756) (1995). Jackson’s notice of appeal was filed on March 22, 2023, 41 days after
entry of the trial court’s order dismissing the extraordinary motion for new trial.
Finally, the denial of a motion for reconsideration is not appealable in its own
right, see Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000), and the
filing of such a motion does not extend the time for filing a notice of appeal. See
Cheeley-Towns v. Rapid Group, 212 Ga. App. 183, 183 (1) (441 SE2d 452) (1994).
For these reasons, we lack jurisdiction over this appeal, which is hereby
DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
11/13/2023
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.