O.C.G.A.

O.C.G.A. § 5-7-4 (2019)

Time limits and procedures governing appeal and certiorari by state

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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An appeal by the state, except as otherwise provided for in this chapter, and certiorari by the state, when authorized by this chapter, shall be governed by the same laws and provisions as to time and other procedures as apply to other appellants in criminal cases.

History

(Ga. L. 1973, p. 297, § 4.)

Annotations

JUDICIAL DECISIONS State is authorized to appeal a void sentence pursuant to O.C.G.A. § 5-7-1(a)(5), and the state’s appeals are governed by the same time limitations as those applied to other appellants in crim-

inal cases. State v. Jones, 265 Ga. App. 493, 594 S.E.2d 706 (2004). In the absence of express statutory authority requiring the state to file a motion to amend an improper sentence as a pre-

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Date: 06/14/13 Time: 12:58:37

GA RV 13 RV 4(T4-6) - EP

APPEAL OR CERTIORARI - CRIMINAL CASES

requisite to appealing that sentence, the state may appeal directly the sentence imposed by the trial court or file a motion to amend the sentence and then directly appeal the denial thereof, but in any event, the state has 30 days from judgment or from the denial of the motion to amend to file its notice of appeal; however, should the defendant file a motion for new trial, that motion tolls the time within which the state can directly appeal the sentence, and in that case, the state has 30 days from the denial of the motion for new trial to appeal the alleged improper sentence. State v. Jones, 265 Ga. App. 493, 594 S.E.2d 706 (2004). Out-of-time appeal. - Defendant’s out-of-time appeal was dismissed as defendant’s attorney was not entitled to file a sua sponte notice of out-of-time appeal based on the subjective acknowledgment

of the attorney’s own ineffectiveness; only the trial court could determine whether the failure to file a timely notice of appeal was attributable to an attorney’s ineffectiveness and, if so, grant a right to file an out-of-time appeal. Carr v. State, 281 Ga. 43, 635 S.E.2d 767 (2006). Only trial court can grant right to out-of-time appeal. - Only the trial court can determine whether the failure to file a timely notice of appeal was attributable to an attorney’s ineffectiveness and, if so, grant a right to file an out-of-time appeal; Adams v. State, 440 S.E.2d 639 (1994), and other such decisions cited in Rowland v. State, 452 S.E.2d 756 (1995), are expressly overruled to the extent that they approve another method for addressing procedurally deficient criminal appeals. Carr v. State, 281 Ga. 43, 635 S.E.2d 767 (2006).

Notes of Decisions

Cited in 5 cases, 2001–2020 · leading case: At & T CORP. v. Sigala, 549 S.E.2d 373 (Ga. 2001).

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State v. Wheeler, 849 S.E.2d 401 (Ga. 2020). “5 § 5-7-4. For example, the usual 30-day deadline for filing a notice of appeal established in OCGA § 5-6-38 applies to every type of appeal the State files under OCGA § 5-7-1 (a) for which a more specific deadline is not provided—including for nine of the ten paragraphs…”

State v. Andrade, 782 S.E.2d 665 (Ga. 2016). · cites it 2× “” OCGA § 5-7-4. Accordingly, the appeal is taken by filing a notice of appeal, OCGA § 5-6-37, and the notice must be filed within thirty days “after entry of the appealable decision or judgment complained of.”

State v. Lynch, 686 S.E.2d 244 (Ga. 2009). · cites it 4× “OCGA § 5-6-34(d) uses the same language as OCGA §§ 5-6-34(a) and 5-7-1 (a) with regard to an appeal being "taken" when limiting its application to appeals "taken under" subsection (a), (b), or (c) of OCGA § 5-6-34.”

State v. Jones, 594 S.E.2d 706 (Ga. Ct. App. 2004). · cites it 2× “2 OCGA § 5-7-4. 5 Johnson v. State, 259 Ga.”

At & T CORP. v. Sigala, 549 S.E.2d 373 (Ga. 2001). · cites it 8× “I), and has exercised that power in OCGA § 5-7-4. Since the inherent power of the courts is to be used in furtherance of "those duties the performance of which is by the constitution committed to the judiciary" ( Lovett v.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.