GRIFFIN v. STATE, A17D0428. (2017)
Court: Court of Appeals of Georgia
Number: ingaco20170517272
Visitors: 17
Filed: May 17, 2017
Latest Update: May 17, 2017
Summary: Order In 2015, Sheridan Jerome Griffin pled guilty to multiple drug offenses. Griffin subsequently filed a "Motion to Correct Null and Void Sentence," which the trial court denied on March 22, 2017. Griffin then filed this application for discretionary appeal of the denial on May 3, 2017. 1 We, however, lack jurisdiction. Pretermitting whether Griffin's motion raised a colorable void-sentence claim, his application is untimely. To be timely, a discretionary application must be filed within 3
Summary: Order In 2015, Sheridan Jerome Griffin pled guilty to multiple drug offenses. Griffin subsequently filed a "Motion to Correct Null and Void Sentence," which the trial court denied on March 22, 2017. Griffin then filed this application for discretionary appeal of the denial on May 3, 2017. 1 We, however, lack jurisdiction. Pretermitting whether Griffin's motion raised a colorable void-sentence claim, his application is untimely. To be timely, a discretionary application must be filed within 30..
More
Order
In 2015, Sheridan Jerome Griffin pled guilty to multiple drug offenses. Griffin subsequently filed a "Motion to Correct Null and Void Sentence," which the trial court denied on March 22, 2017. Griffin then filed this application for discretionary appeal of the denial on May 3, 2017.1 We, however, lack jurisdiction.
Pretermitting whether Griffin's motion raised a colorable void-sentence claim, his application is untimely. To be timely, a discretionary application must be filed within 30 days of entry of the order sought to be appealed. 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. Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Because this application was filed 42 days after entry of the order Griffin seeks to appeal, it is untimely, and we lack jurisdiction to consider it. Accordingly, the application is hereby DISMISSED.
FootNotes
1. Griffin attempted to file his application earlier, but that application was returned because Griffin did not provide a stamped "filed" copy of the order he seeks to appeal as required by Court of Appeals Rule 31 (c).
Source: Leagle
