Court of Appeals of the State of Georgia ATLANTA,__________________ November 07, 2013 The Court of Appeals hereby passes the following order: A13A1898. FELIX HILARIO MERIGILDO-OXLAJ v. THE STATE.

In April 2012, Felix Hilario Merigildo-Oxlaj was convicted of several offenses, including trafficking in marijuana. Through counsel, he filed a timely motion for new trial, which the court denied on August 1, 2012. He then filed a motion for reconsideration, which the court denied on April 4, 2013. On April 17, 2013, Merigildo-Oxlaj filed a notice of appeal. We lack jurisdiction.

A notice of appeal must be filed within 30 days of the entry of the order sought to be appealed. OCGA § 5-6-38 (a). Although Merigildo-Oxlaj had a right to appeal the trial court’s August 1, 2012, order, his notice of appeal was filed 259 days after entry of that order. As to the April 4 order, that order is not subject to appellate review. See Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000) (denial of a motion for reconsideration is not directly appealable).

Because Merigildo-Oxlaj’s notice of appeal was not filed within 30 days of a directly appealable order, this appeal is hereby DISMISSED for lack of jurisdiction.

As Merigildo-Oxlaj is represented by counsel, he is hereby informed of the following in accordance with Rowland v. State, 264 Ga. 872 (452 SE2d 756) (1995). This appeal has been dismissed because of your counsel’s failure to file a timely notice of appeal. If you still wish to appeal, you may petition the trial court for leave to file an out-of-time appeal. If the trial court enters an order granting your request, you will have 30 days from the filing date of that order to file a notice of appeal referencing your conviction. If the trial court enters an order denying your request, you will have days from the filing date of that order to file a notice of appeal referencing the denial of your request for an out-of-time appeal.

The Clerk of Court is directed to send a copy of this order to Merigildo-Oxlaj as well as to Merigildo-Oxlaj’s attorney, who is also directed to send a copy to Merigildo-Oxlaj.

Court of Appeals of the State of Georgia 11/07/2013 Clerk’s Office, Atlanta,__________________ 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.