dissenting.
I respectfully dissent because it appears that the Court does not have jurisdiction of the case.
Defendant was sentenced on February 5. Upon receipt on February 13 of a letter to the court from trial counsel, the court appointed the Fulton County Public Defender’s Office to represent defendant “in any and all appeals from this date forward.”
A motion for new trial was filed March 3 by new counsel, and defendant pro se filed an amendment July 23. In the meantime, sentence review was undertaken at the request of defendant, who filed the application on February 18.
The trial transcript was filed August 22, and the motion for new trial was denied on September 18. No extension of time for filing a notice of appeal was sought, as is provided for in OCGA § 5-6-39 (a) (1), (c), and (d).
A document titled “Out-of-Time Notice of Appeal,” signed by appellate counsel, was filed December 9, and on the same day the court ordered it permitted. No reason was given for the out-of-time filing or for the granting of the same, nor was any motion made in this connection. The time requirements of OCGA § 5-6-38 (a) were not followed here.
“ ‘A person convicted of a crime in a trial court in this state is not entitled to have his conviction reviewed as a matter of right by an appellate court.’ ” Mobley v. State, 162 Ga. App. 23 (1) (288 SE2d 702) (1982). Neither is there a federal constitutional right to appeal. McKane v. Durston, 153 U. S. 684 (14 SC 913, 38 LE 867) (1894), reiterated in Evitts v. Lucey, 469 U. S. 387 (105 SC 830, 83 LE2d 821) (1985).
*576Decided July 7, 1987. Drew Dubrin, for appellant. Lewis R. Slaton, District Attorney, Richard E. Hicks, Assistant *577District Attorney, for appellee.*576The Georgia Constitution states: “Review of all cases shall be as provided by law.” Ga. Const. 1983, Art. VI, Sec. VI, Par. III. See also Ga. Const. 1983, Art. VI, Sec. V, Par. III. It is elementary that “[t]he proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court. [Cit.]” Boothe v. State, 178 Ga. App. 22 (342 SE2d 9) (1986). The principle is firmly fixed. Jordan v. Caldwell, 229 Ga. 343, 344 (191 SE2d 530) (1972); Pittman v. State, 229 Ga. 656, 657 (193 SE2d 820) (1972). The criminal defendant “ ‘must pursue applicable statutory requirements.’ [Cit.]” Mobley, supra. Otherwise the appeal is to be dismissed. Smith v. State, 140 Ga. App. 492 (231 SE2d 493) (1976).
It is true that this Court will, for proper reasons, entertain an out-of-time appeal, such as where the record shows that counsel did not inform defendant of the right to appeal, Kreps v. Gray, 234 Ga. 745, 747 (218 SE2d 1) (1975), or of the period during which a notice of appeal must be filed, Mobley, supra. There is nothing in the record which even hints at any reason for the delay, not even a skeletal statement of the trial court such as prompted us to take jurisdiction in Moore v. State, 176 Ga. App. 882, 883 (339 SE2d 271) (1985).
Allowing “out-of-time” appeals as a matter of course, without any reason being assigned to justify departure from the jurisdictional rules of appellate practice mandated by the legislature, not only ignores those rules, it also violates the rights of the opposite party to orderly and prompt final disposition of the case. Insofar as criminal cases are concerned, the public as well as a convicted defendant has an interest in timely final resolution. The public is entitled to “swift and sure punishment,” where appropriate. The concept of expedition is now contained in the state constitution, which requires uniform court rules and record-keeping rules “which shall provide for the speedy, efficient, and inexpensive resolution of disputes and prosecutions.” Ga. Const. 1983, Art. VI, Sec. IX, Par. I.
Conway is not asserting any error of counsel in perfecting this appeal which might mandate this court to examine the merits under the authority of Evitts v. Lucey, supra. See Knox v. State, 180 Ga. App. 564 (349 SE2d 753) (1986).
Considering the law and these circumstances, the appeal should be dismissed.