Ivan Gonzalez v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ November 01, 2017 The Court of Appeals hereby passes the following order: A18A0600. IVAN GONZALEZ v. THE STATE. In 2016, in proceedings in Gwinnett County Superior Court, Ivan Gonzalez pleaded guilty to two drug offenses and two counts of making false statements and writings. He thereafter filed a motion for an out-of-time appeal, which the trial court denied on August 11, 2017. Gonzalez filed a notice of appeal to this Court on September 14, 2017. We, however, lack jurisdiction. A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. 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. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Ordinarily, Gonzalez would have had until Monday, September 11, 2017, to file a timely notice of appeal. But Gwinnett County declared a judicial emergency on September 11, 2017, due to inclement weather. Thus, Gonzalez had until Tuesday, September 12 to file a timely notice of appeal, but Gonzalez did not file his notice until September 14. Because Gonzalez’s notice of appeal is untimely, this appeal is hereby DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/01/2017 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.