Opinion
A23D0125
12-05-2022
BRYAN LEE HOUSE v. THE STATE.
The Court of Appeals hereby passes the following order:
In 2014, Bryan Lee House pled guilty to aggravated stalking and terroristic threats. The court imposed a sentence of 15 years, with the first 3 years to be served in confinement and the remainder to be served on probation. In August 2021, the court revoked the balance of House's probation. House then filed a motion to vacate the 2021 sentence, arguing that the court was authorized to revoke only two years of his probation. The trial court denied the motion on October 10, 2022. On November 10, 2022, House filed this application for discretionary appeal. We lack jurisdiction.
To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d). See Todd v. State, 236 Ga.App. 757, 758 (513 S.E.2d 287) (1999); Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). House filed this application 31 days after entry of the trial court's order denying his motion.
Accordingly, the application is untimely and is hereby DISMISSED.