dissenting.
I respectfully submit that this Court is totally without jurisdiction over this case and that the appeal should be dismissed rather than considered on its merits. As indicated in footnote 1 of the majority opinion, the judgment of the trial court sentencing appellant was entered on December 3, 1992. Appellant subsequently filed a timely motion for new trial. However, prior to any disposition of the motion for new trial by the trial court, appellant withdrew the motion for new trial on March 1, 1993 and on the same day filed a notice of appeal. “ ‘The proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.’ [Cit.] ” (Emphasis in original.) Hester v. State, 242 Ga. 173, 175 (249 SE2d 547) (1978). Although, in this case, the motion for new trial was timely filed, the notice of appeal was not. The time for filing the notice of appeal was not extended pursuant to OCGA § 5-6-38 which provides that the notice of appeal may be filed “within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion.” (Emphasis supplied.)
As [appellant] voluntarily abandoned his motion for new trial and there is no order of the court disposing of the motion nor any order granting an extension of time or a delayed appeal, there is no extension beyond the 30 days permitted after entry of the judgment. Therefore the appeal must be dismissed for failure to timely file [a] notice of appeal.
Taylor v. State, 173 Ga. App. 745 (327 SE2d 860) (1985). See also Marshall v. State, 205 Ga. App. 531 (422 SE2d 677) (1992).