Vernon Crews v. State

Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 22, 2015
The Court of Appeals hereby passes the following order:
A16D0071. VERNON CREWS v. THE STATE.
A jury found Vernon Crews guilty of four counts of child molestation and one
count of aggravated sodomy, and we affirmed his conviction on appeal. See Crews
v. State, 269 Ga. App. 814 (605 SE2d 381) (2004). Crews filed a pro se extraordinary
motion for new trial, which the trial court denied. Crews then filed this discretionary
application.
Although Crews included a copy of the trial court’s order, which shows that it
was signed by the judge on August 26, 2015, the order was not a stamped “filed”
copy as required by Court of Appeals Rule 31 (e). Without the stamped “filed” copy
of the order, we cannot ascertain if the application was filed within 30 days of the day
it was entered by the clerk, which is a jurisdictional requirement. See OCGA § 5-6-35
(d); Boyle v. State of Ga., 190 Ga. App. 734 (380 SE2d 57) (1989). Accordingly, on
October 5, 2015, we ordered Crews to supplement his application within ten days
with a stamped “filed” copy of the order to be appealed. We provided that failure to
comply with this directive would result in dismissal of the application. Crews has not
submitted a stamped “filed” copy of the order, and more than ten days have passed
since the October 5th order.1 Accordingly, Crews’ application is hereby DISMISSED.
Court of Appeals of the State of Georgia
10/22/2015
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.
1
Crews did supply a second order, but it was not the stamped “filed” copy of
the order he seeks to appeal. Rather, he submitted a copy of an order the judge signed
in July 2015.