Rimes v. State

Beasley, Judge.

The requirement of a timely filed notice of appeal is jurisdictional, even as to criminal cases, and, absent an extension, upon the failure to file such notice within 30 days after a judgment becomes final the appeal must be dismissed. OCGA §§ 5-6-38 (a) and 5-6-39. Melton v. State, 177 Ga. App. 134 (338 SE2d 701) (1985); Barthell v. State, 174 Ga. App. 459 (330 SE2d 180) (1985); Taylor v. State, 173 Ga. App. 745 (327 SE2d 860) (1985); Westerfield v. State, 169 Ga. App. 510 (313 SE2d 768) (1984); and the cases cited.

Appeal dismissed.

Deen, P. J., Banke, P. J., Carley and Pope, JJ., concur. Birdsong, C. J., McMurray, P. J., Sognier and Benham, JJ., dissent.