John Adam Taylor v. State
A17A0920
| Ga. Ct. App. | Feb 7, 2017Background
- John Adam Taylor was convicted of child molestation in 2013; this Court previously affirmed his conviction in Taylor v. State, 334 Ga. App. 12 (778 SE2d 26) (2015).
- Taylor filed a timely motion to modify his sentence on December 2, 2015, and a second, untimely motion on May 31, 2016.
- The trial court denied both motions in a single order entered June 23, 2016.
- Taylor filed an extraordinary motion for new trial, which the trial court also denied.
- Taylor filed notices of appeal challenging: (1) denial of his timely motion to modify (A17A0919); (2) denial of his second motion to modify (A17A0920); and (3) denial of the extraordinary motion for new trial (A17A0921).
- The Court of Appeals dismissed all three appeals for lack of jurisdiction due to untimely notices of appeal and the improper appellate vehicle for the extraordinary motion denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court may hear appeal of denial of timely motion to modify sentence (OCGA § 17-10-1(f)) | Taylor sought review of trial court’s June 23, 2016 denial of his timely sentence-modification motion | State argued appeal was untimely because notice was filed beyond 30-day appeal period | Dismissed for lack of jurisdiction: notice filed 48 days after order, untimely |
| Whether the Court may hear appeal of denial of second motion to modify sentence (filed May 31, 2016) | Taylor appealed denial of his second motion | State argued notice of appeal was untimely | Dismissed for lack of jurisdiction: notice filed 55 days after order, untimely |
| Proper appellate route for denial of extraordinary motion for new trial | Taylor appealed the trial court’s denial directly | State argued such denials require application for discretionary appeal under OCGA § 5-6-35(a)(7) | Dismissed for lack of jurisdiction: appeal must be by discretionary application |
Key Cases Cited
- Taylor v. State, 334 Ga. App. 12 (affirming underlying conviction referenced in this order)
- Frazier v. State, 302 Ga. App. 346 (sentence modification timing rules)
- Maldonado v. State, 260 Ga. App. 580 (appealability of denial of timely motion to modify sentence)
- Rowland v. State, 264 Ga. 872 (timely filing of notice of appeal required to confer jurisdiction)
- Balkcom v. State, 227 Ga. App. 327 (denial of extraordinary motion for new trial must be appealed by discretionary application)