DocketNumber: A19A2038
Filed Date: 6/19/2019
Status: Precedential
Modified Date: 6/19/2019
Court of Appeals of the State of Georgia ATLANTA,____________________ May 31, 2019 The Court of Appeals hereby passes the following order: A19A2038. JOSE BALDERAS GARCIA v. THE STATE. In 2013, Jose Balderas Garcia pleaded guilty to two counts of child molestation. In 2018, he filed a “Motion to Deport, Remove, and Expedite.” The trial court dismissed the motion on February 6, 2019. On March 22, 2019, Garcia filed a notice of appeal to this Court. We, however, lack jurisdiction. 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). Garcia’s notice of appeal, filed 44 days after entry of the order he wishes to appeal, was untimely. Consequently – and pretermitting whether a direct appeal otherwise would lie from that order – we lack jurisdiction over this untimely appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/31/2019 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.