Neil Lynn Moore v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 06, 2016

The Court of Appeals hereby passes the following order:

A16D0196. NEIL LYNN MOORE v. THE STATE.

Neil Lynn Moore seeks discretionary review of the trial court’s October 16, 2015, order denying his motion to modify/reduce sentence. We lack jurisdiction because the application is untimely.

When a party applies for discretionary review of a directly appealable order – such as one denying a timely motion for sentence modification – we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d); Hill v State, 204 Ga. App. 582 (420 SE2d 393) (1992). Because Moore filed his application 59 days after entry of the trial court’s order,1 it is untimely. Accordingly, this application is hereby DISMISSED for lack of jurisdiction.

1 Moore attempted to file his application earlier, but the Court was unable to accept the filing since it did not include a certificate of service. See Court of Appeals Rule 6 (any document without a certificate of service shall not be accepted for filing).

Court of Appeals of the State of Georgia 01/06/2016

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.