Dwayne Cotton v. State

Court of Appeals
of the State of Georgia

                                         ATLANTA,____________________
                                                  December 27, 2023

The Court of Appeals hereby passes the following order:

A24A0727. DWAYNE COTTON v. THE STATE.

      In 2014, Dwayne Cotton pled guilty to rape and other charges, and the trial
court imposed a total sentence of 25 years in prison. In 2020, he filed a motion for an
out-of-time appeal, which the trial court denied. Cotton appealed, and we vacated the
order denying his motion for an out-of-time appeal and remanded the case to the trial
court with direction to dismiss the motion. Cotton v. State, Case No. A22A1105 (Apr.
14, 2022).
      On remand, Cotton filed several additional motions, including motions to
examine recorded evidence, in arrest of judgment, and to dismiss. In an order entered
on September 6, 2023, the trial court dismissed all of Cotton’s pending motions,
including his 2020 motion for an out-of-time appeal. Cotton filed a notice of appeal
on November 30, 2023.1 We lack jurisdiction.
      A notice of appeal must be filed within 30 days of entry of the judgment or trial
court 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 appellate jurisdiction on this
Court. See Kelly v. State, 

 (

) (2021). Cotton’s notice of




      1
         Cotton’s notice of appeal is dated September 22, 2023, but it was not filed in
the trial court until November 30.
appeal was filed 85 days after entry of the order he seeks to appeal. Consequently, this
untimely appeal is hereby DISMISSED for lack of jurisdiction.


                                        Court of Appeals of the State of Georgia
                                        Clerk’s Office, Atlanta,____________________
                                                                   12/27/2023
                                                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.