From Casetext: Smarter Legal Research

Stump v. State

Court of Appeals of Georgia
Nov 10, 2022
No. A23D0099 (Ga. Ct. App. Nov. 10, 2022)

Opinion

A23D0099

11-10-2022

WILLIAM EDWARD STUMP v. THE STATE.


The Court of Appeals hereby passes the following order:

In 2018, William Edward Stump pleaded guilty to driving under the influence. In 2022, Stump filed a motion to correct void sentence. The trial court denied the motion on September 16, 2022, and Stump filed his application for discretionary review on October 18, 2022. We lack jurisdiction.

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). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d). See Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Stump filed this application on October 18, 2022, 32 days after entry of the trial court's order. Accordingly, Stump's application is untimely and is hereby DISMISSED.


Summaries of

Stump v. State

Court of Appeals of Georgia
Nov 10, 2022
No. A23D0099 (Ga. Ct. App. Nov. 10, 2022)
Case details for

Stump v. State

Case Details

Full title:WILLIAM EDWARD STUMP v. THE STATE.

Court:Court of Appeals of Georgia

Date published: Nov 10, 2022

Citations

No. A23D0099 (Ga. Ct. App. Nov. 10, 2022)

Citing Cases

Stump v. State

The trial court denied that motion on September 16, 2022, and Stump filed both a timely direct appeal and an…