Opinion

Hill v. State

  • 204 Ga. App. 582
  • 92 Fulton County D. Rep. 1112
  • 420 S.E.2d 393
  • 1992 Ga. App. LEXIS 925
Court
Court of Appeals of Georgia
Filed
Jun 12, 1992
Status
Published
Author
Cooper
On the bench
Cooper
Cited by
229 cases
Authority
More cited than 99.6%

to be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed

How later courts described this case

  • to be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed

Written by the judges who cited it.

The opinion

Cooper, Judge.

This is an appeal from an order dated November 12, 1991, revoking appellant’s probation. “Appeals from orders revoking probation must be made by application filed directly with the appropriate court within 30 days of the date of the revocation order. See OCGA § 5-6-35 (a) (5) & (d).” Scriven v. State, 179 Ga. App. 513 ( 346 SE2d 906 ) (1986). Appellant filed a direct appeal on December 9, 1991, and his case was docketed in this court on December 27, 1991. A supplemen *583 tal record, filed with this court on January 15, 1992, includes an application for appellate review filed in the Superior Court of DeKalb County on January 10, 1992. OCGA § 5-6-35 (d) provides that applications for discretionary appeals must be filed with the clerk of the Supreme Court or the Court of Appeals within 30 days of the entry of the order. Since-the application in this case was not timely filed, the appeal is dismissed for lack of jurisdiction. Scriven, supra at 514 .

Decided June 12, 1992.

Claudia S. Saari, for appellant.

Robert E. Wilson, District Attorney, Nancy B. Allstrom, J. George Guise, Assistant District Attorneys, for appellee.

Appeal dismissed.

Sognier, C. J., and McMurray, P. J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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