A jury found Chesney Devon Fairclough guilty of malice and felony murder. The felony murder verdict was vacated as a matter of law, and the trial court entered judgment of conviction only on the malice murder count and sentenced Fairclough to life imprisonment. See Malcolm v. State , 263 Ga. 369, 372 5 434 SE2d 479 1993. The trial court granted Fairclough an out-of-time appeal and subsequently denied a motion for new trial.1 1. ” ‘ “ It is the duty of this court to raise the question of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction. Cits.” Cit.’ Cit.” Veasley v. State , 272 Ga. 837, 838 537 SE2d 42 2000. Although Fairclough “did file his notice of appeal within 30 days of the denial of his motion for new trial, that motion was initially void because he did not file it within 30 days of the entry of the conviction and imposition of the sentence.” Porter v. State , 271 Ga. 498 521 SE2d 566 1999. However, Fairclough’s appellate counsel also sought, and the trial court granted, the available remedy of an out-of-time appeal. See Porter v. State , supra at 499-500. “The grant of an out-of-time appeal permits a defendant, by the grace of the court, to start the post-conviction process anew.” Maxwell v. State , 262 Ga. 541, 542-543 3 422 SE2d 543 1992. Indeed, ” ‘the grant of an out-of-time appeal constitutes permission to pursue the post conviction remedy of a new trial. Cit.’ Cit.” Robinson v. State , 275 Ga. 143, 145 4 561 SE2d 823 2002. In this respect, the grant of an out-of-time appeal is the functional equivalent of the entry of a judgment. In either case, the trial court’s action renders a prior, otherwise void motion for new trial, ” ‘one which was only prematurely filed and this prematurity will not serve to deprive the appellate court of jurisdiction to review the merits of the appeal.’ Cit.” Emphasis in original. McClanahan v. State , 196 Ga. App. 737 1 397 SE2d 24 1990. See also McKeever v. State of Ga. , 189 Ga. App. 445, 446 375 SE2d 899 1988. Compare Crolley v. Johnson , 185 Ga. App. 671, 672-673 365 SE2d 277 1988; Venable v. Block , 141 Ga. App. 523, 524 233 SE2d 878 1977. Accordingly, Fairclough timely appealed within 30 days of the trial court’s order denying the motion for new trial. McClanahan v. State , supra at 737 1.
2. Construed in support of the verdict, the evidence shows that Fairclough and three others went to his apartment, where he assaulted the victim with a gun, chased him from the apartment, and shot at him numerous times until he fell down. Fairclough then fled with his girlfriend. At trial, four eyewitnesses testified for the State, and other evidence showed that the shell casings and bullets found at the scene matched a pistol box and live ammunition found in Fairclough’s apartment. Fairclough contends that the eyewitness testimony was not sufficient to identify him as the shooter and that there were inconsistencies as to the type of bullet used to inflict the fatal wound. ” ‘However, resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the factfinder, not this Court. Cit.’ Cit.” Givens v. State , 273 Ga. 818, 819 1 546 SE2d 509 2001. The jury was authorized to believe the eyewitnesses and to find from the evidence that Fairclough was guilty of malice murder beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979; Williams v. State , 275 Ga. 622 1 571 SE2d 385 2002; King v. State , 275 Ga. 463, 464 1 569 SE2d 518 2002.
