Opinion
A25D0055
09-23-2024
DONALD N. BAKER v. THE STATE.
The Court of Appeals hereby passes the following order:
Following a jury trial, Donald Baker was convicted of armed robbery and theft by receiving stolen property. His conviction and sentence were affirmed on direct appeal in Baker v. State, 307 Ga.App. 884 (706 S.E.2d 214) (2011). Baker filed an extraordinary motion for new trial, which the trial court denied on May 2, 2024. On August 28, 2024, Baker filed his discretionary application challenging the trial court's order. We, however, lack jurisdiction.
Under OCGA § 5-6-35 (d), an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. 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). Baker filed his application 118 days after entry of the order he seeks to appeal. His application is thus untimely, and it is hereby DISMISSED for lack of jurisdiction.