Opinion
A23D0071
10-14-2022
NEAL FRANKLIN HESTERLEE, SR. v. THE STATE.
The Court of Appeals hereby passes the following order:
A jury found Neal Franklin Hesterlee, Sr., guilty of six counts of aggravated assault, four counts of armed robbery, two counts of sexual battery, and one count each of burglary, impersonating a police officer, and possession of a firearm by a convicted felon. We affirmed the convictions in 1993. See Hesterlee v. State, 210 Ga.App. 330 (436 S.E.2d 32) (1993). Following the revocation of his parole, Hesterlee filed multiple pro se motions in the criminal case. The trial court dismissed the motions on June 29, 2022, and Hesterlee filed this application for discretionary appeal on August 3, 2022. We, however, lack jurisdiction.
Hesterlee filed his application for discretionary appeal in the Supreme Court, which transferred the application to this Court. See Case No. S23D0033 (Sept. 1, 2022).
A discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga.App. 582, 583 (420 S.E.2d 393) (1992). This statutory deadline is jurisdictional, and we 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). Here, Hesterlee filed his application 35 days after the trial court's order. Accordingly, we lack jurisdiction to consider this application for discretionary appeal, which is hereby DISMISSED.