Terry L. Porter v. State

Court of Appeals of Georgia

Terry L. Porter v. State

DecidedJune 26, 2018

DocketA18D0488

StatusPublished

This text of Terry L. Porter v. State (Terry L. Porter 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.

Bluebook

Terry L. Porter v. State, (Ga. Ct. App. 2018).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 21, 2018

The Court of Appeals hereby passes the following order:

A18D0488. TERRY L. PORTER v. THE STATE.

Terry L. Porter seeks appellate review of the trial court’s order denying his motion to modify sentence. We lack jurisdiction because Porter’s application for discretionary appeal is untimely. 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). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). Here, the trial court’s order was entered on December 8, 2017, and Porter filed his application on May 26, 2018, which was 169 days later. His application is thus untimely, and it is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/21/2018 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ June 21, 2018

The Court of Appeals hereby passes the following order:

A18D0488. TERRY L. PORTER v. THE STATE.

Terry L. Porter seeks appellate review of the trial court’s order denying his motion to modify sentence. We lack jurisdiction because Porter’s application for discretionary appeal is untimely. 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). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). Here, the trial court’s order was entered on December 8, 2017, and Porter filed his application on May 26, 2018, which was 169 days later. His application is thus untimely, and it is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/21/2018 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.

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Terry L. Porter v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-l-porter-v-state-gactapp-2018.

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