James Bernard Edwards v. State

• Court: Court of Appeals of Georgia
• Decided: April 11, 2019
• Docket: A19D0389
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 02, 01, 2019

The Court of Appeals hereby passes the following order:

A19D0389. JAMES BERNARD EDWARDS v. THE STATE.

A jury found James Bernard Edwards guilty of multiple offenses, including burglary, armed robbery, and kidnapping, and his convictions were affirmed in an unpublished opinion. See Edwards v. State, Case Number A16A1269, decided March 13, 2017. Edwards subsequently filed an extraordinary motion for new trial, which the trial court denied on September 13, 2018. On March 19, 2019, Edwards filed this application for discretionary appeal. An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal made beyond 30 days. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Here, Edwards filed his application 187 days after the trial court’s order was entered. Accordingly, we lack jurisdiction to consider the application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/01/2019 04/02/2019 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.