Golden v. State

Beasley, Judge,

dissenting.

Averting, for the sake of current expediency, a well-established procedure which serves the orderly administration of justice, leads to the disrailing of that procedure. Courts keep a vigorous vigil to protect due process as it relates to a defendant’s rights. Similar watchful adherence should be given to procedure as it relates to the public’s rights. The public in Georgia commands orderly administration of the judicial system. Ga. Const. 1983, Art. VI, Sec. IX. The concept of uniformity is expressly included.

The filing rules have the force of law, as provided by the General Assembly. OCGA § 5-6-40. Although the time requirement of the Supreme Court rule was deemed directory in Durham v. Stand-By Labor, 230 Ga. 558, 560 (1) (198 SE2d 145) (1973), that was before adoption of the present constitution. The legislature has not revised OCGA § 5-6-48 (b) or (c) to expand the categories of dismissable appeals, since the effective date of the new constitution, but where there is a violation of a court order regarding filing, “the appeal must be dismissed for failure to comply with the order . . . .” Taylor v. Columbia County Planning Comm., 232 Ga. 155, 158 (205 SE2d 287) (1974). This holding even preceded the new constitution.

Where the court dispenses with prescribed procedure in one case, it entitles others to the same disregard of rules and court orders, else the fundamental principle of equal treatment is disserved and dissolved. Moreover, it subjects the court to disrespect for not enforcing its orders.

The court should examine the results of 1) ignoring its own orders, 2) creating enumerations of error, and 3) automatically reviewing the sufficiency of the evidence in criminal cases whenever a notice of appeal is filed and the case is docketed here. Incongruities are inexplicable. For example, where defendant does pursue the appeal and does so in a timely manner, raising various issues, the court is steadfast in refusing either to allow appellant to enlarge enumerations or to amend the enumerations after the time for filing has expired. Jackson v. State, 186 Ga. App. 847, 848 (3) (368 SE2d 771) (1988). Thus an appellant’s appeal on these points is in effect dismissed.

Such a practice as is illustrated in this case is especially egregious when the appellant states that he has no enumerations of error, that is, nothing to complain about and nothing for this court to review.

I am authorized to state that Presiding Judge Deen and Presid*481ing Judge Banke join in this dissent.

Decided February 22, 1989. Stephen H. Harris, for appellant. Spencer Lawton, Jr., District Attorney, Lars T. Granade, Assistant District Attorney, for appellee.