Antione Walker v. State

• Court: Court of Appeals of Georgia
• Decided: March 7, 2023
• Docket: A23D0247
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 07, 2023

The Court of Appeals hereby passes the following order:

A23D0247. ANTIONE WALKER v. THE STATE.

A jury found Antione Walker guilty of multiple offenses, including kidnapping with bodily injury, and his convictions were affirmed on appeal. See Walker v. State, 306 Ga. App. 16 (701 SE2d 523) (2010). Years later, Walker filed a pro se motion, which the trial court construed as a motion to reduce/modify his sentence. The trial court dismissed the motion on January 9, 2023, and Walker filed this discretionary application on February 15, 2023.1 We lack jurisdiction. To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d). See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Here, Walker’s application was filed 37 days after the order he seeks to appeal.

1 Walker attempted to file the application earlier, but we were unable to accept the filing because it did not include a proper certificate of service. See Court of Appeals Rule 6 (d). Because Walker’s application for discretionary appeal is untimely, we lack jurisdiction to consider the application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/07/2023 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.