Ricky Blount v. State of Georgia ( 2023 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
November 20, 2023
The Court of Appeals hereby passes the following order:
A24D0157. RICKY BLOUNT v. STATE OF GEORGIA.
On August 8, 2018, the trial court entered an order for judgment of forfeiture
and disposition of property pursuant to OCGA § 16-13-49, finding that property
owned by Ricky Blount was subject to forfeiture. On November 6, 2023, Blount, a
prison inmate proceeding pro se, filed, in this Court, a document seeking an “out-of-
time appeal” to challenge the August 8, 2018 order, which was docketed as an
application for discretionary appeal. However, we lack jurisdiction because the
application is untimely.
To be timely, an application for discretionary review must be filed within 30
days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The
filing deadline is jurisdictional, and this Court is unable to accept an untimely
application. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 SE2d 617) (2012);
Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). As this application was
filed more than five years after entry of the forfeiture order, it is untimely.
Accordingly, this application is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
11/20/2023
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.