Gregg Theotis Kent v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 16, 2023

The Court of Appeals hereby passes the following order: A23D0308. GREGG THEOTIS KENT v. THE STATE.

On December 1, 2022, the trial court revoked Gregg Theotis Kent’s probation. Kent thereafter filed this discretionary application on April 25, 2023.1 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). “The requirements of OCGA § 5-6-35 are jurisdictional and this court cannot accept an appeal not made in compliance therewith.” Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989); see Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999) (“appeals from orders revoking probation . . . require that an application be filed with the clerk of the appropriate court within 30 days of the date of the revocation order”). Because Kent

1 Kent originally submitted an application to this Court in December 2022, but it was returned because it did not contain a proper certificate of service.

filed this application 145 days after entry of the trial court’s order revoking his probation, his application is untimely. Accordingly, this application is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/16/2023 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.