Opinion
A23D0094
11-03-2022
XAVIER TOBIAS THORNTON v. THE STATE.
The Court of Appeals hereby passes the following order:
On September 6, 2022, Xavier Tobias Thornton filed this pro se application for discretionary appeal to which he attached three trial court orders: a May 19, 2022, order dismissing a motion for an out-of-time appeal; a June 15, 2022, order dismissing a motion to withdraw a guilty plea; and a June 15, 2022, order dismissing a motion for new trial. We, however, lack jurisdiction.
Thornton filed the application in the Supreme Court, which transferred the matter to this Court. See S23D0147 (Sept. 29, 2022).
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). The requirements of OCGA § 5-6-35 are jurisdictional; we cannot accept an application filed more than 30 days from the trial court's ruling. See Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Because Thornton's application was filed 83 days after the orders entered on June 15, 2022, and 110 days after the order entered on May 19, 2022, the application is untimely.
Accordingly, we lack jurisdiction over this application for discretionary appeal, which is hereby DISMISSED.
Based on Thornton's application material, it appears he may have a motion to modify his sentence that remains pending in the trial court.