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Johnson v. State

Court of Appeals of Georgia
Aug 14, 2024
No. A25D0011 (Ga. Ct. App. Aug. 14, 2024)

Opinion

A25D0011

08-14-2024

WILLIE F. JOHNSON v. STATE OF GEORGIA.


The Court of Appeals hereby passes the following order:

On June 14, 2024, the trial court entered an order denying Willie F. Johnson's "Motion to Order Clerk to Transmit Sentence Custodian Affidavit." On July 18, 2024, Johnson filed this pro se application for discretionary appeal, seeking to appeal that order. We lack jurisdiction.

To be timely, an application for discretionary appeal must be filed within 30 days of 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 [C]ourt cannot accept an appeal not made in compliance therewith." Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). As this application was filed 34 days after entry of the order Johnson seeks to appeal, it is untimely. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 S.E.2d 617) (2012). Accordingly, Johnson's application is hereby DISMISSED.


Summaries of

Johnson v. State

Court of Appeals of Georgia
Aug 14, 2024
No. A25D0011 (Ga. Ct. App. Aug. 14, 2024)
Case details for

Johnson v. State

Case Details

Full title:WILLIE F. JOHNSON v. STATE OF GEORGIA.

Court:Court of Appeals of Georgia

Date published: Aug 14, 2024

Citations

No. A25D0011 (Ga. Ct. App. Aug. 14, 2024)