Opinion
A23D0096
10-26-2022
MENSHACK NYEPAH v. THE STATE.
The Court of Appeals hereby passes the following order:
In 2013, Menshack Nyepah pleaded guilty to armed robbery, aggravated assault, and other crimes. In June 2022, Nyepah filed a pro se "Motion to Correct, Vacate, or Set Aside an Illegal Sentence" which the trial court denied on August 17, 2022. Nyepah filed this application for discretionary review on October 5, 2022. The State has filed a motion to dismiss the application as untimely.
Nyepah attempted to file his application on September 13, 2022, but we were unable to accept the application for filing since it did not include a certificate of service. See Court of Appeals Rule 6 (d).
An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Because Nyepah's application was filed 49 days after entry of the order he seeks to appeal, it is untimely.
Accordingly, the motion to dismiss is hereby GRANTED, and this application is hereby DISMISSED for lack of jurisdiction.