Johnathon Nelson Starnes v. State ( 2018 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 24, 2018
The Court of Appeals hereby passes the following order:
A19D0049. JOHNATHON NELSON STARNES v. THE STATE.
On January 9, 2018, the trial court revoked Johnathon Nelson Starnes’s
probation based on his failure to pay restitution. On May 16, 2018, Starnes filed an
application for discretionary review in the Supreme Court of Georgia, which
transferred the case to this Court. See Case No. S18D1343 (June 15, 2018). We,
however, also lack jurisdiction.
To be valid, an application for discretionary appeal must be filed within 30
days of the entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204
Ga. App. 582, 582 (420 SE2d 393) (1992). But Starnes filed his application 127 days
after entry of the revocation order. Accordingly, this application is untimely, and it
is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
08/24/2018
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.