The State v. Andrade

SECOND DIVISION
ANDREWS, P. J.,
MILLER and BRANCH, JJ.
NOTICE: Motions for reconsideration must be
physically received in our clerk’s office within ten
days of the date of decision to be deemed timely filed.
http://www.gaappeals.us/rules/
January 23, 2015
In the Court of Appeals of Georgia
A15A0092. THE STATE v. ANDRADE.
MILLER, Judge.
On June 6, 2014, the trial court entered an order granting Aram Andrade’s
motion to suppress his incriminating statements on the basis that the statements were
involuntary. The State filed a notice of appeal of this order on June 23, 2014.
However, pursuant to a recent amendment to OCGA § 5-7-1 (a) (5) (A), which
became effective on July 1, 2013, the State was required to file its notice of appeal
within two days of the trial court’s ruling.1 The proper and timely filing of a notice
of appeal is an absolute requirement to confer jurisdiction on this Court. See Couch
1
The two-day requirement does not apply to pretrial orders excluding evidence
on the basis that it was illegally seized, nor orders excluding the results of drug or
alcohol tests. See OCGA § 5-7-1 (a) (4). Here, however, the appeal excludes “other
evidence” and, therefore, comes within the ambit of OCGA § 5-7-1 (a) (5).
v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997).
Because the State’s notice of appeal was untimely filed 17 days after entry of the trial
court’s order, we lack jurisdiction. Accordingly, this appeal is DISMISSED.
Appeal dismissed. Andrews, P. J., and Branch, J., concur.
2