Case Information
*1 Court of Appeals
of the State of Georgia ATLANTA,____________________ January 09, 2017 The Court of Appeals hereby passes the following order:
A17A0803. CLARENCE DARRAL RUFFIN v. THE STATE.
The trial court entered an order denying Clarence Ruffin’s motion for an out- of-time appeal on September 21, 2016. On November 18, 2016, Ruffin filed a notice of appeal to this Court. We lack jurisdiction.
A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State , 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Ruffin’s notice of appeal is untimely, as it was filed 58 days after the order denying his motion for an out-of-time appeal. Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.
Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/09/2017 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk.