O'QUINN v. State

Evans, Judge,

concurring specially. I concur in the judgment for the appellee, it being my opinion that the motion of the State to dismiss the appeal for failure to file a transcript within the time allowed by law, without obtaining proper orders from the trial court to extend the time, should have been granted. In effect, I therefore dissent from Division 1 of the majority opinion which holds that the State’s motion should have been denied.

Code Ann. § 6-804 provides “any application to any court, justice or judge, for an extension must be made before expiration of the period for filing as originally prescribed or as extended by a permissible previous order . . .” The notice of appeal in this case was filed on February 28, 1969, and the record does not show any court order extending the time for filing a transcript within 30 days from such date of filing. There is an order dated April 1, 1969, granting such extension, but this was beyond the 30-day period allowed by law. It is true that within 30 days from February 28, 1969, there was an abortive attempt to file a transcript, which was completely inaccurate, and it is my opinion that the filing of an inaccurate transcript, absent an order of court to that effect, does not, in and of itself, extend the time for filing an accurate transcript.