Automated Summary
Key Facts
Wilbur Lamar Burson, an incarcerated individual, filed a pro se application for discretionary appeal seeking review of a trial court order entered on July 17, 2012. The application was filed on August 30, 2012, which was 44 days after the order's entry, exceeding the 30-day filing requirement under OCGA § 5-6-35(d). The Court of Appeals of the State of Georgia dismissed the application for lack of jurisdiction due to the untimely filing.
Issues
Whether the discretionary appeal application was filed within the required 30-day period after entry of the order being appealed
Holdings
The Court of Appeals dismissed Wilbur Lamar Burson's pro se application for discretionary appeal because it was filed 44 days after the trial court order was entered on July 17, 2012, exceeding the 30-day filing deadline required by OCGA § 5-6-35(d). The court lacked jurisdiction to consider the untimely application.
Legal Principles
The court lacks jurisdiction to consider an untimely application for discretionary appeal. A discretionary application must be filed within 30 days of entry of the order to be appealed, pursuant to OCGA § 5-6-35(d).
Precedent Name
Hill v. State
Cited Statute
Official Code of Georgia Annotated
Passage Text
- Accordingly, this application is hereby DISMISSED.
- A discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). We lack jurisdiction to consider an untimely application for discretionary appeal.
- Here, Burson's application was filed 44 days after entry of the order he seeks to appeal.