Josiah Bennett v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,_________________ May 22, 2012

The Court of Appeals hereby passes the following order:

A12D0378. JOSIAH BENNETT v. THE STATE.

On May 3, 2012, Josiah Bennett filed this application for discretionary appeal to challenge the trial court’s October 6, 2011, order denying his motion to modify his sentence.1 To be timely, however, a discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6-35 (d). Because Bennett filed his application 210 days after the trial court entered its order, it is untimely. Accordingly, we lack jurisdiction over the application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 05/22/2012 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.

1 Bennett, who was convicted in 1996, has apparently filed numerous such motions. In its order, the trial court noted that “[a]ny further requests by Defendant to correct or reduce his sentence shall be deemed frivolous and shall be denied filing by the McIntosh County Clerk of Court.”