Opinion
A23D0308
05-16-2023
GREGG THEOTIS KENT v. THE STATE
The Court of Appeals hereby passes the following order:
On December 1, 2022, the trial court revoked Gregg Theotis Kent's probation. Kent thereafter filed this discretionary application on April 25, 2023. We lack jurisdiction.
Kent originally submitted an application to this Court in December 2022, but it was returned because it did not contain a proper certificate of service.
To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d). "The requirements of OCGA § 5-6-35 are jurisdictional and this court cannot accept an appeal not made in compliance therewith." Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989); see Todd v. State, 236 Ga.App. 757, 758 (513 S.E.2d 287) (1999) ("appeals from orders revoking probation . . . require that an application be filed with the clerk of the appropriate court within 30 days of the date of the revocation order"). Because Kent filed this application 145 days after entry of the trial court's order revoking his probation, his application is untimely. Accordingly, this application is hereby DISMISSED.