Damioniyan Sanchez Franklin v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 17, 2015

The Court of Appeals hereby passes the following order:

A16D0152. DAMIONIYAN SANCHEZ FRANKLIN v. THE STATE.

After the grant of an out-of-time appeal, Damioniyan Sanchez Franklin filed this application for discretionary appeal under OCGA § 5-6-35 (a) seeking permission to challenge the decision of the Superior Court of Troup County to revoke his probation. This application was filed on November 23, 2015. We lack jurisdiction. Out-of-time appeals are not authorized in probation revocation cases because out-of-time appeals are the remedy for the frustrated right of appeal in criminal cases. Richards v. State, 275 Ga. 190, 191 (563 SE2d 856) (2002). A probation revocation, however, is not a criminal case. Foskey v. Sapp, 237 Ga. 788; (229 SE2d 635) (1976). Consequently, Franklin’s application is untimely. As compliance with the requirements of OCGA § 5-6-35 is a jurisdictional requirement, an appellate court has no authority to accept an application without compliance with these statutory provisions. (Emphasis and citation omitted.) Hogan v. Taylor County Bd. of Ed., 157 Ga. App. 680 (278 SE2d 106) (1981). Accordingly, Franklin’s application is hereby DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia 12/17/2015 Clerk’s Office, Atlanta,____________________ 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.