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Frank Berman v. State
A16A1119
| Ga. Ct. App. | Aug 25, 2016
|
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Case Information

*1 Court of Appeals

of the State of Georgia

ATLANTA,____________________ August 15, 2016 The Court of Appeals hereby passes the following order: A16A1119. FRANK BERMAN v. THE STATE.

In 2005, Frank Berman was convicted of two counts of child molestation and one count of aggravated child molestation. Berman’s convictions were affirmed on appeal. See Berman v. State , Case No. A13A1437 (decided October 31, 2013). In December 2015, Berman filed an extraordinary motion for new trial. [1] The trial court denied the motion, and Berman filed this direct appeal. We, however, lack jurisdiction.

Under OCGA § 5-6-35 (a) (7), appeals from the denial of an extraordinary motion for new trial must comply with the discretionary appeal procedure. See Balkcom v. State , 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Berman’s failure to comply with the necessary procedure deprives us of jurisdiction over his appeal, which is hereby DISMISSED.

*2 Court of Appeals of the State of Georgia 08/15/2016

Clerk’s Office, Atlanta,____________________ 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.

[1] Berman had previously filed a motion to set aside a void judgment, which was denied by the trial court. Berman sought direct appeal of the trial court’s order and this Court dismissed his appeal. See Case No. A14A0913 (decided February 4, 2014).

Case Details

Case Name: Frank Berman v. State
Court Name: Court of Appeals of Georgia
Date Published: Aug 25, 2016
Docket Number: A16A1119
Court Abbreviation: Ga. Ct. App.
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