[Download] "Whittle v. State" by Court of Appeals of Georgia # eBook PDF Kindle ePub Free
eBook details
- Title: Whittle v. State
- Author : Court of Appeals of Georgia
- Release Date : January 10, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Henry J. Whittle, Jr., pleaded guilty to a misdemeanor speeding charge and was ordered to pay a fine. He timely filed a pro se notice of appeal. The notice alleges that the trial court erred in refusing to accept Whittle's proffer of a nolo contendere plea. The appeal was docketed in this court on March 31, 1993. No enumeration of error or brief was filed within 20 days after docketing, but this court granted an extension for filing until April 30, 1993 upon Whittle's motion. Then, on May 10, we denied Whittle's second motion for a further extension which he requested due to an unspecified ""family emergency."" Nevertheless, on May 24, 1993, this court entered a final order extending the time for filing enumerations of error and a brief until June 1, 1993 and warned Whittle that failure to comply ""may"" result in the dismissal of his appeal. These exceptional procedures are routinely followed in criminal cases. Whittle failed to file enumerations of error or a brief in accordance with the terms of the May 24 order. The entire record in the case consists of the notice of appeal, the traffic citation upon which the guilty plea was entered and an executed waiver of jury form. Despite the paucity of the record, we could, as we have in the past, make every effort to render a decision in the case. We decline to do so, however, and instead take this opportunity to re-examine the rule stated in Lee v. State, 203 Ga. App. 487, 488 (1) (417 S.E.2d 426) (1992): ""nce this court's jurisdiction has been invoked by a timely filed notice of appeal from a criminal conviction, we will not dismiss for the subsequent failure to comply with the rules of this court, but will make every effort to render a decision on the merits of the case."" See also Sarver v. State, 206 Ga. App. 459 (426 S.E.2d 48) (1992).
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