Kevan C. Pickstock v. State ( 2016 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    January 19, 2016
    The Court of Appeals hereby passes the following order:
    A16D0206. KEVAN C. PICKSTOCK v. THE STATE.
    Kevan C. Pickstock has filed a pro se application for discretionary appeal from
    the trial court’s November 16, 2015, order denying his Motion for Entry of a Valid
    Judgment of Sentence. Pickstock filed his application on December 22, 2015.1 We
    lack jurisdiction because the application is untimely.
    An application for discretionary appeal must be filed within 30 days of the
    entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The
    requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an
    application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga.
    App. 734 (380 SE2d 57) (1989). Pickstock filed his application 36 days after entry
    of the order he seeks to appeal. His application is thus untimely, and it is hereby
    DISMISSED for lack of jurisdiction.
    Court of Appeals of the State of Georgia
    01/19/2016
    Clerk’s Office, Atlanta,____________________
    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.
    1
    Pickstock attempted to file his application earlier, but it was not accepted for
    filing because it did not include a proper Certificate of Service.
    

Document Info

Docket Number: A16D0206

Filed Date: 1/25/2016

Precedential Status: Precedential

Modified Date: 1/25/2016