Opinion
A23D0048
09-12-2022
JIMMY GOODEN v. THE STATE.
A jury found Jimmy Gooden, Jr., guilty of rape, incest, terroristic threats, and simple battery, and we affirmed his convictions on appeal. Gooden v. State, 316 Ga.App. 12 (728 S.E.2d 693) (2012). Years later, Gooden filed an extraordinary motion for new trial, which the trial court dismissed on May 19, 2022. Gooden filed this application for discretionary appeal on August 22, 2022. We, however, lack jurisdiction.
Gooden also filed a direct appeal from the same order. See Case No. A23A0264.
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 (380 S.E.2d 57) (1989). Gooden filed his application 95 days after entry of the order he seeks to appeal. His application is thus untimely, and it is hereby DISMISSED for lack of jurisdiction.