Ronald McDougler v. State

• Court: Court of Appeals of Georgia
• Decided: April 4, 2014
• Docket: A14D0298
• Status: Published

Opinion

Court of Appeals of the State of Georgia

April 04, 2014 ATLANTA,__________________

The Court of Appeals hereby passes the following order:

A14D0298. RONALD MCDOUGLER v. THE STATE.

Ronald McDougler was convicted of two counts of sale of cocaine and two

counts of possession of cocaine in 2009. McDougler’s convictions were affirmed on

appeal, but this Court vacated the trial court’s denial of the defendant’s speedy trial

claim and remanded the case for the entry of a proper order on that issue. See

McDougler v. State, 232 Ga. App. 828 (748 SE2d 475) (2013). After the remittutur,

the trial court entered its order denying McDougler’s speedy trial claim on November

21, 2013. On March 24, 2014, McDougler filed a “Motion for Discretionary (Out of

Time) Appeal. We lack jurisdiction.

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). A party’s failure

to meet this statutory deadline deprives us of jurisdiction to consider the application.

Wilson v. Carver, 252 Ga. App. 174 (555 SE2d 848) (2001). While this Court is

authorized to grant an extension of time for the filing of an application for

discretionary appeal, requests for extensions must be filed “on or before the due date

of the discretionary application.” Court of Appeals Rule 31 (g). Otherwise, this Court

lacks the authority to grant the request. See Gable v. State, 290 Ga. 81, 85 (2) (a) (720

SE2d 170) (2011); OCGA § 5-6-39 (d). Because McDougler did not file a request for an extension within 30 days of

entry of the order denying his motion to dismiss based upon the violation of his

constitutional right to a speedy trial, no out-of-time application is permitted.

Accordingly, this application is DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 04/04/2014 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.