dissenting.
In my view, the decision in Evitts v. Lucey, 469 U. S. 387 (105 SC 830, 83 LE2d 821), requires that the case sub judice be decided on the merits. Also, in Johnson v. State, 183 Ga. App. 168 (358 SE2d 313), a recent whole court case, this court considered the case on its merits rather than dismiss for untimely filing of the appeal. Therefore, I respectfully dissent since I believe the court should address the merits of defendant’s enumerations of error.
I am authorized to state that Judge Benham joins in this dissent.