Opinion
A21D0416
08-10-2021
ROBERT D. WHIGHAM v. STATE OF GEORGIA.
The Court of Appeals hereby passes the following order:
Robert D. Whigham filed a petition for removal from the sex offender registry under OCGA § 42-1-19. On December 31, 2020, the trial court denied the motion. On July 13, 2021, Whigham filed this application for discretionary appeal seeking review of the trial court's order. We, however, lack jurisdiction.
On January 26, 2021, Whigham filed a direct appeal from the trial court's order. We dismissed the appeal due to Whigham's failure to comply with the mandatory discretionary appeal procedures under OCGA § 5-6-35 (a) (5.2), (b). See Whigham v. State, Case No. A21A1274, dismissed April 22, 2021.
An application for discretionary review must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. 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. Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Whigham's application was untimely filed more than six months after entry of the order he seeks to appeal. As a result, the application is hereby DISMISSED for lack of jurisdiction.