Court of Appeals of Georgia December 4, 1987, 75506 (McCoy v. State)

Banke, Presiding Judge.

McCoy appeals his convictions of burglary and theft by taking.

Held:

1. The first issue which presents itself is whether the appeal

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must be dismissed as untimely filed. The record discloses that the appellant was convicted and sentenced on October 28, 1986, but that his notice of appeal was not filed until December 17, 1986.