Opinion
A23D0099
11-10-2022
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.