Murray Laterious Jackson v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 06, 2023

The Court of Appeals hereby passes the following order: A23D0178. MURRAY LATERIOUS JACKSON v. THE STATE.

In February 2020, Murray Jackson pleaded guilty to driving with a suspended license and reckless driving and was sentenced to 48 months, to be served on probation.1 The State filed a motion seeking to revoke Jackson’s probation in August 2022. Following a hearing, the trial court entered an order on August 15, 2022, revoking Jackson’s probation and requiring him to serve the balance of his sentence in incarceration. Jackson filed a direct appeal, which we dismissed on November 30, 2022 due to Jackson’s failure to file an application for discretionary appeal under OCGA § 5-6-35 (a) (5). Jackson then filed the instant application for discretionary appeal on December 8, 2022. We, however, 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 Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999); Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Jackson filed

1 In exchange, the State agreed not to prosecute pending charges against Jackson that included endangerment of a child and failure to maintain lane.

this application 115 days after entry of the trial court’s order revoking his probation. Accordingly, this application is untimely and is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/06/2023 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.