Opinion
A23D0032
09-02-2022
JOHNNY DEMOND JACKSON v. THE STATE.
The Court of Appeals hereby passes the following order:
On February 28, 2022, the trial court entered an order revoking Johnny Demond Jackson's probation based upon the commission of a new offense. Jackson filed an application for discretionary appeal from this order on August 9, 2022. We, however, lack jurisdiction.
Jackson attempted to file the application on May 20, 2022, but the application was returned because it did not contain a certificate of service. See OCGA § 5-6-35 (d); Court of Appeals Rule 6 (f).
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). 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). Jackson filed his application 162 days after entry of the order he seeks to appeal. His application is thus untimely, and it is hereby DISMISSED for lack of jurisdiction.