Opinion
A23D0374
07-12-2023
ROBERT EUGENE SIMMONS v. THE STATE.
The Court of Appeals hereby passes the following order:
On May 19, 2023, Robert Eugene Simmons filed this application for discretionary review of the trial court's April 12, 2023 order revoking his probation.We lack jurisdiction because the application is untimely.
Simmons filed his application in the Supreme Court of Georgia, which transferred it here. Case No. S23D0981 (June 15, 2023).
To be timely, an application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). As this application was filed 37 days after entry of the order revoking Simmons' probation, it is untimely and is hereby DISMISSED. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 S.E.2d 617) (2012); see also Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989) ("The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith.").