Torey M. Fowler v. State

Court of Appeals of Georgia

Torey M. Fowler v. State

DecidedJune 10, 2016

DocketA16D0395

StatusPublished

This text of Torey M. Fowler v. State (Torey M. Fowler 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.

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Torey M. Fowler v. State, (Ga. Ct. App. 2016).

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Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ June 07, 2016

The Court of Appeals hereby passes the following order:

A16D0395. TOREY M. FOWLER v. THE STATE.

In 2006, Torey Fowler pled guilty to possession of cocaine with intent to distribute, four counts of possession of cocaine with intent to distribute within 1,000 feet of a housing project, two counts of possession of cocaine with intent to distribute within 1,000 feet of a school, driving with a suspended license, and operating a motor vehicle without a valid license plate. We affirmed the trial court’s denial of his motion for an out-of-time appeal and motion to withdraw his guilty plea in an unpublished opinion. Fowler v. State, A15A0624 (decided April 14, 2015). The trial court subsequently revoked Fowler’s probation in 2012. Three years later, Fowler filed an application for discretionary appeal from his probation revocation, which we dismissed as untimely. Fowler v. State, Case No. A16D0252 (dismissed February 19, 2016). On April 19, 2016, Fowler filed an application for discretionary appeal in the Supreme Court, seeking review of a July 14, 2014 order denying several pro se motions. The Supreme Court transferred the case to us. We, however, lack jurisdiction. As Fowler knows from our order dismissing his last application, an application for discretionary review must be filed within 30 days of the order to be appealed. OCGA § 5-6-35 (d). The filing deadline is jurisdictional, and this Court is unable to accept an untimely application. See Crosson v. Conway, 291 Ga. 220 (1) (728 SE2d 617) (2012). Here, Fowler filed his application nearly two years after entry of the order he seeks to appeal. Accordingly, this untimely application is hereby DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia 06/07/2016 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.

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Court of Appeals of the State of Georgia ATLANTA,____________________ June 07, 2016

The Court of Appeals hereby passes the following order:

A16D0395. TOREY M. FOWLER v. THE STATE.

In 2006, Torey Fowler pled guilty to possession of cocaine with intent to distribute, four counts of possession of cocaine with intent to distribute within 1,000 feet of a housing project, two counts of possession of cocaine with intent to distribute within 1,000 feet of a school, driving with a suspended license, and operating a motor vehicle without a valid license plate. We affirmed the trial court’s denial of his motion for an out-of-time appeal and motion to withdraw his guilty plea in an unpublished opinion. Fowler v. State, A15A0624 (decided April 14, 2015). The trial court subsequently revoked Fowler’s probation in 2012. Three years later, Fowler filed an application for discretionary appeal from his probation revocation, which we dismissed as untimely. Fowler v. State, Case No. A16D0252 (dismissed February 19, 2016). On April 19, 2016, Fowler filed an application for discretionary appeal in the Supreme Court, seeking review of a July 14, 2014 order denying several pro se motions. The Supreme Court transferred the case to us. We, however, lack jurisdiction. As Fowler knows from our order dismissing his last application, an application for discretionary review must be filed within 30 days of the order to be appealed. OCGA § 5-6-35 (d). The filing deadline is jurisdictional, and this Court is unable to accept an untimely application. See Crosson v. Conway, 291 Ga. 220 (1) (728 SE2d 617) (2012). Here, Fowler filed his application nearly two years after entry of the order he seeks to appeal. Accordingly, this untimely application is hereby DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia 06/07/2016 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.

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Torey M. Fowler v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torey-m-fowler-v-state-gactapp-2016.

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