Aristor v. State

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ENGEL ARISTOR v. THE STATE.

No. A22A0410

Court of Appeals of Georgia

March 9, 2022

The Court of Appeals hereby passes the following order:

In 2014, Engel Aristor pleaded guilty to three counts of armed robbery and related offenses and was sentenced to a total sentence of 40 years, with the first 15 years to be served in confinement and the remainder on probation. In 2020, he filed a pro se motion for leave to file an out-of-time appeal from his convictions. The trial court entered an order on December 30, 2020, denying the motion. On March 22, 2021, Aristor filed a notice of appeal.

We lack jurisdiction. To be timely, a notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Davis v. State, 330 Ga.App. 711, 711 (769 S.E.2d 133) (2015). Here, Aristor's notice of appeal was filed 82 days after entry of the trial court's order. Aristor contends, in his notice of appeal, that he was not notified of the trial court's decision until February 26 2021. Nonetheless, his filing did not get to the superior court in time, so we have no jurisdiction over his appeal. See Ebeling v. State, 355 Ga.App. 469, 470 (844 S.E.2d 518) (2020) (dismissing untimely appeal despite appellant acting promptly to file his notice of appeal after receiving the trial court's order). Thus, this appeal is...