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Wilson v. State

Defendant's admitted failure to pay costs or file a timely affidavit of indigence was prima facie unreasonable and inexcusable.

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Following the trial court’s dismissal of his appeal from his conviction for obstruction of an officer, Anthony Wilson appeals to this Court, contending that his appeal below was inappropriately dismissed for failure to pay costs. For the reasons set forth below, we affirm.

In both civil and criminal trials, OCGA § 5-6-48 c grants a trial court the discretionary authority to dismiss an appeal if “there has been an unreasonable delay in the transmission of the record to the appellate court, and it is seen that the delay was inexcusable and was caused by the failure of a party to pay costs in the trial court or file an affidavit of indigence.” See, e. g., Cooper v. State .1 A delay exceeding 30 days is prima facie unreasonable and inexcusable. Crenshaw v. Ga. Underwriting Assn.2

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