How to Appeal a Felony Conviction

This guide is not intended to cover every situation that might arise when one decides to appeal his or her conviction. Additionally, please keep in mind that the law is subject to change. It is therefore always advisable that one consult with an attorney before handling any criminal matter pro se.

Determine whether a motion for new trial or judgment notwithstanding the verdict should be filed.

If a defendant intends to ask the trial court for a new trial then he/she must file a motion for new trial within 30 days of the conviction pursuant to Georgia Code Section 5-5-40(a), which states in pertinent part as follows: all motions for new trial ... shall be made within 30 days of the entry of the judgment.

Determine which appellate court has jurisdiction.

As a general matter, the Georgia Court of Appeals has jurisdiction over noncapital offenses, while the Supreme Court of Georgia has exclusive jurisdiction over an appeal from a murder conviction pursuant to the Constitution of the State of Georgia, Article 6 § 6, paragraph V (1983) and O.C.G.A. §5-6-15 (supp. 1992).

File a notice of appeal within 30 days of the conviction or denial of the motion for new trial.

Pursuant to Georgia Code Section 5-6-38 (a) A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of; but when a motion for new trial, a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict has been filed, the notice shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion.

File the notice, (which must comply with Georgia Code Section 5-6-7), with the clerk of court.

Georgia Code Section 5-6-37 states in pertinent part as follows: ... an appeal may be taken to the Supreme Court or the Court of Appeals by filing with the clerk of the court wherein the case was determined a notice of appeal. The notice shall set forth the title and docket number of the case; the name of the appellant and the name and address of his attorney; a concise statement of the judgment, ruling, or order entitling the appellant to take an appeal; the court appealed to; a designation of those portions of the record to be omitted from the record on appeal; a concise statement as to why the appellate court appealed to has jurisdiction rather than the other appellate court; and, if the appeal is from a judgment of conviction in a criminal case, a brief statement of the offense and the punishment prescribed.

Review the suggested notice of appeal form provided in Georgia Code Section 5-6-51.

(CASE HEADING) NOTICE OF APPEAL Notice is hereby given that _____________, defendant above-named, hereby appeals to the _____________ (Court of Appeals or Supreme Court) from the judgment of conviction and sentence entered herein on (date) , . The offense(s) for which defendant was convicted is (are) ______, and the sentence(s) imposed is (are) as follows: _____________. Motion for new trial (or motion in arrest of judgment, etc.) was filed and overruled on (date) , The clerk will please omit the following from the record on appeal: Transcript of evidence and proceedings will/will not be filed for inclusion in the record This court, rather than the (Court of Appeals or Supreme Court) has jurisdiciton because: (CERTIFICATE OF SERVICE)