Opinion
A25D0015
08-07-2024
ILLIAM D. BENNETT v. THE STATE.
The Court of Appeals hereby passes the following order:
William D. Bennett filed a motion to set aside void judgment, requesting that the trial court set aside his probation revocation order. The trial court denied the motion on May 8, 2024, and Bennett filed an application for discretionary appeal therefrom on July 22, 2024.
Bennett filed an application for discretionary review from the order revoking his probation. That application was dismissed for lack of jurisdiction because it was filed 588 days after entry of the order revoking his probation. See Bennett v. State, Case No. A24D0145 (Nov. 14, 2023).
To be timely, 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). As this application was filed 75 days after entry of the order Bennett seeks to appeal, it is untimely and is hereby DISMISSED. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 S.E.2d 617) (2012); see also Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989) ("The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith.").