Marshall Rice v. State

Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 16, 2017
The Court of Appeals hereby passes the following order:
A17A1770. MARSHALL RICE v. THE STATE.
Marshall Rice was convicted of multiple offenses, and we affirmed his
convictions on appeal. See Rice v. State, Case No. A16A1822 (decided
November 30, 2016) (unpublished). Rice subsequently filed a pro se motion to merge
sentences, which the trial court denied on March 16, 2017. He filed a motion for
reconsideration, which the trial court denied on April 11, 2017. On April 19, 2017,
Rice filed this direct appeal from the denial of his motion to merge. We, however,
lack jurisdiction to review the case.
Pretermitting whether the trial court’s denial of Rice’s motion is subject to
appellate review, a notice of appeal must be filed within 30 days after entry of an
appealable order. OCGA § 5-6-38 (a). The proper and timely filing of a notice of
appeal is an absolute requirement to confer jurisdiction upon this Court. Couch v.
United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). A
motion for reconsideration does not extend the time for appealing the underlying
judgment – in this case, the March 16 order. Bell v. Cohran, 244 Ga. App. 510, 511
(536 SE2d 187) (2000). In addition, a trial court’s denial of a motion for
reconsideration is not subject to direct appeal. Id. Rice’s notice of appeal, therefore,
is untimely as to the March 16 order and invalid as to the order denying his motion
for reconsideration. Accordingly, we lack jurisdiction to consider Rice’s appeal, and
it is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
08/16/2017
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.