Richie Burke v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ December 16, 2013

The Court of Appeals hereby passes the following order:

A14D0145. RICHIE BURKE v. THE STATE.

On November 21, 2013, Richie Burke filed an application for discretionary appeal, challenging the trial court’s order denying his “motion to vacate judgment and conviction and re-instate original plea.” The trial court entered its order on August 26, 2013. We lack jurisdiction. To be timely, a discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6-35 (d). Burke filed his application 87 days after entry of the trial court’s order. Accordingly, we lack jurisdiction to consider the application, which is hereby DISMISSED as untimely.

Court of Appeals of the State of Georgia 12/16/2013 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.