Alissa Diego v. State ( 2017 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    August 16, 2017
    The Court of Appeals hereby passes the following order:
    A18D0012. ALISSA DIEGO v. THE STATE.
    On July 20, 2017, Alissa Diego filed an application for discretionary appeal
    from the trial court’s order denying bond, which was entered on June 19, 2017. We
    lack jurisdiction.
    An application for discretionary appeal must be filed within 30 days of entry
    of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 
    204 Ga. App. 582
     (420
    SE2d 393) (1992). We lack jurisdiction to consider an untimely application. See
    Hill, supra. Here, Diego filed her application 31 days after the trial court’s order was
    entered. 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). Accordingly, we lack jurisdiction,
    and the application is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    08/16/2017
    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.
    

Document Info

Docket Number: A18D0012

Filed Date: 8/22/2017

Precedential Status: Precedential

Modified Date: 8/22/2017