Opinion
A23D0132
12-07-2022
AVERY L. WOODS v. THE STATE.
The Court of Appeals hereby passes the following order:
Following a jury trial, Avery L. Woods was convicted in the Superior Court of Cobb County of aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. We affirmed Woods' convictions on appeal. See Case No. A19A2290 (affirmed Mar. 12, 2020). Woods later filed a "motion to vacate and set aside sentence," which the trial court dismissed on October 5, 2022. On November 10, 2022, Woods filed this application for discretionary appeal, seeking review of that ruling. We lack jurisdiction.
To be timely, a discretionary application must be filed within 30 days of the entry of the order, decision, or judgment sought to be appealed. OCGA § 5-6-35 (d). This statutory deadline is jurisdictional, and this Court cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d). See In the Interest of B. R. F., 299 Ga. 294, 298 (788 S.E.2d 416) (2016) (holding that an appellate court lacks jurisdiction over an untimely application for discretionary appeal); Hair Restoration Specialists v. State, 360 Ga.App. 901, 903 (862 S.E.2d 564) (2021) (compliance with the discretionary appeals procedure is jurisdictional, and failure to comply with that procedure requires dismissal of the appeal). Because Woods' application was filed 36 days after the order dismissing his motion, we lack jurisdiction to consider it. Accordingly, this application is hereby DISMISSED.