From Casetext: Smarter Legal Research

Thrasher v. State

Court of Appeals of Georgia
Nov 8, 2022
No. A23D0100 (Ga. Ct. App. Nov. 8, 2022)

Opinion

A23D0100

11-08-2022

ROBERT THRASHER v. THE STATE.


The Court of Appeals hereby passes the following order:

Robert Thrasher has filed an application for discretionary appeal, seeking review of a trial court order that dismissed his petition for a writ of mandamus and his motion for summary judgment. The trial court entered its order on August 23, 2022, and Thrasher filed this application on October 18, 2022. We lack jurisdiction.

In a prior direct appeal, this Court affirmed Thrasher's convictions. Thrasher v. State, 261 Ga.App. 650 (583 S.E.2d 504) (2003).

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). Compliance with the time requirements of OCGA § 5-6-35 is jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Gable v. State, 290 Ga. 81, 82 (2) (a) (720 S.E.2d 170) (2011); Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Thrasher's application, filed 56 days after entry of the order he seeks to appeal, is untimely. Accordingly, this application is hereby DISMISSED.


Summaries of

Thrasher v. State

Court of Appeals of Georgia
Nov 8, 2022
No. A23D0100 (Ga. Ct. App. Nov. 8, 2022)
Case details for

Thrasher v. State

Case Details

Full title:ROBERT THRASHER v. THE STATE.

Court:Court of Appeals of Georgia

Date published: Nov 8, 2022

Citations

No. A23D0100 (Ga. Ct. App. Nov. 8, 2022)