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Keller v. State

Defendant's untimely motion for a new trial did not toll the 30-day limit for filing a notice of appeal from his conviction and sentence.

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Gerald W. Keller appeals the trial court’s denial of his motions for new trial and for sentence clarification and modification. Although Keller filed separate notices of appeal, we have consolidated the cases for review. Because Keller has failed to invoke this court’s jurisdiction, we dismiss both appeals.

A grand jury indicted Keller for being an habitual violator, driving under the influence of alcohol, possession of an open container, violation of the Georgia Controlled Substances Act VGCSA, improper equipment, speeding, no proof of insurance, and giving a false name. During a trial recess, Keller absconded. The court proceeded with the trial in his absence, after determining that his absence was voluntary. The jury found him not guilty of VGCSA and guilty of all other charges. On April 30, 1997, the court entered its judgment of conviction and imposed sentence. Having determined that Keller had “fled the jurisdiction of the Court,” the court entered an order on May 19, 1997, permitting Keller’s counsel to withdraw.

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