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Veasley v. State

Defendant filed his notice of appeal from his convictions for murder, aggravated assault and cocaine possession more than 10 months after the trial court denied his motion for a new trial.

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A jury found Jeremy Thurmond Veasley guilty of malice murder, two counts of aggravated assault, and one count of possession of cocaine, and the trial court entered judgments of conviction on these verdicts. The trial court sentenced Veasley to life imprisonment on the murder charge, to a concurrent ten-year term for the cocaine possession offense, and to two 20-year terms for the aggravated assaults, which are concurrent with each other, but consecutive to the life sentence. The trial court entered an order denying Veasley’s motion for new trial on May 11, 1999 and, in identical language, entered a second order on February 28, 2000 purporting to deny the same motion for new trial. On March 22, 2000, Veasley filed a notice of appeal from the judgments of conviction and sentences.

” ‘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.” Rowland v. State, 264 Ga. 872 1 452 SE2d 756 1995. If a motion for new trial is filed, the case becomes ripe for appeal when the trial court first denies that motion. Holiday v. State, 258 Ga. 393, 394 2 369 SE2d 241 1988. In such a case, OCGA § 5-6-38a requires that a notice of appeal be filed within 30 days after the entry of the order finally disposing of the motion for new trial. Rowland v. State, supra. ” ‘ “ The proper and timely filing of the notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.” Cit.’ Cit.” Emphasis in original. Rowland v. State, supra.

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