CANUP v. STATE

UNDERWOOD, Judge.

The state has moved to dismiss this appeal pursuant to Code Ann. § 6-809 (b) (1) for failure of appellant to comply with Code Ann. § 6-803 (a) and file the notice of appeal within thirty days after entry of the judgment appealed. The motion must be granted.

"`A notice of appeal must be filed within thirty days after entry of the appealable judgment or within thirty days after the entry of an order disposing of a motion for new trial. Code Ann. § 6-803 (a). The time for filing such notice may be extended once by the court for an additional thirty days. Code Ann. § 6-804.' Neal v. State, 232 Ga. 96 ( 205 S.E.2d 284). Here no extension was obtained. The timely filing of a notice of appeal in accordance with the statutory requirement is essential to confer jurisdiction upon an appellate court. Jordan v. Caldwell, 229 Ga. 343, 344 ( 191 S.E.2d 530); Pittman v. State, 229 Ga. 656, 657 ( 193 S.E.2d 820). `A person convicted of a crime in a trial court in this state is not entitled to have his conviction reviewed as a matter of right by an appellate court. He must pursue applicable statutory requirements.' State v. Denson, 236 Ga. 239, 240 ( 223 S.E.2d 640). Accord: Brown v. State, 236 Ga. 333, 334 ( 223 S.E.2d 642). The appellant here failed to comply with the necessary jurisdictional requirements." Smith v. State, 140 Ga. App. 492 ( 231 S.E.2d 493) (1976). Accord, Hester v. State, 242 Ga. 173 ( 249 S.E.2d 547) (1978); McEver v. State, 141 Ga. App. 429 ( 233 S.E.2d 504) (1977); Mayo v. State, 148 Ga. App. 213 ( 251 S.E.2d 80) (1978).

Appeal dismissed. McMurray, P. J., and Banke, J., concur.