Opinion
A23D0093
11-03-2022
TERRY REYNOLDS v. THE STATE
The Court of Appeals hereby passes the following order:
On July 25, 2022, the trial court entered an order revoking Terry Reynolds's probation. Reynolds filed this discretionary application from the trial court's ruling on September 2, 2022. We, however, lack jurisdiction.
Reynolds filed the application in the Supreme Court of Georgia on September 2, 2022, which transferred the case to this Court. See Case No. S23D0131 (transferred Sept. 29, 2022).
An application for discretionary appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. 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." Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). See also Gable v. State, 290 Ga. 81, 82 (2) (a) (720 S.E.2d 170) (2011) (noting that this Court "has held that the failure to meet the statutory deadline for filing a discretionary application is a jurisdictional defect"). Reynolds filed his application 39 days after entry of the order he seeks to appeal. The application is thus untimely, and it is hereby DISMISSED for lack of jurisdiction.