Jordan Smith v. State
This text of Jordan Smith v. State (Jordan Smith v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Court of Appeals of the State of Georgia
ATLANTA,____________________ September 23, 2025
The Court of Appeals hereby passes the following order:
A26D0088. JORDAN SMITH v. THE STATE.
On July 28, 2025, the trial court entered an order dismissing Jordan Smith’s “Motion for Void Sentence Failure to Arraign.” On September 10, 2025, Smith filed this application seeking discretionary review of that order.1 We, however, lack jurisdiction. To be timely, an application for discretionary review must be filed within 30 days of entry of the order at issue. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). This application, filed 44 days after entry of the trial court’s order, is untimely, and it is therefore DISMISSED for lack of jurisdiction.
Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/23/2025 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.
1 Smith states that he also filed a notice of appeal seeking review of the same order, but no direct appeal has yet been docketed in this Court.
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