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Phillips v. State

Court of Appeals of Georgia
Sep 6, 2022
No. A23D0038 (Ga. Ct. App. Sep. 6, 2022)

Opinion

A23D0038

09-06-2022

RELONZO PHILLIPS v. STATE OF GEORGIA.


The Court of Appeals hereby passes the following order:

On July 1, 2022, the trial court denied prisoner Relonzo Phillips's request to proceed in forma pauperis. On August 4, 2022, Phillips filed this application for discretionary appeal of the trial court's order.

We, however, lack jurisdiction to consider Phillips's application because it is untimely. An application must be filed within 30 days of entry of the order 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, 734 (380 S.E.2d 57) (1989). Because this application was filed 34 days after entry of the order Phillips seeks to appeal, it is untimely, and we lack jurisdiction to consider it. Accordingly, this application is hereby DISMISSED.


Summaries of

Phillips v. State

Court of Appeals of Georgia
Sep 6, 2022
No. A23D0038 (Ga. Ct. App. Sep. 6, 2022)
Case details for

Phillips v. State

Case Details

Full title:RELONZO PHILLIPS v. STATE OF GEORGIA.

Court:Court of Appeals of Georgia

Date published: Sep 6, 2022

Citations

No. A23D0038 (Ga. Ct. App. Sep. 6, 2022)