Opinion
A23D0272
03-24-2023
ANDREW WILLIAM ECKERD v. THE STATE.
The Court of Appeals hereby passes the following order:
In 2013, Andrew William Eckerd pleaded guilty to possession of cocaine and was sentenced to ten years to serve on probation. On May 2, 2022, the trial court revoked the balance of Eckerd's probation. Eckerd then filed this application on March 14, 2023. We lack jurisdiction.
Eckerd attempted to file an application for discretionary appeal in August 2022 and September 2022, but the paperwork was returned each time for failure to comply with this Court's rules.
To be timely, 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, 583 (420 S.E.2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d). Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Because Eckerd's application was filed 316 days after entry of the probation revocation order, it is untimely and we lack jurisdiction to consider it. Accordingly, this application is hereby DISMISSED.