David Roberson v. The State

Summary

The Georgia Court of Appeals dismissed David Roberson’s pro se application for discretionary appeal for lack of jurisdiction. The application was filed 175 days after the trial court’s order, exceeding the 30-day deadline under OCGA § 5-6-35(d).

Holdings

1. A discretionary-appeal application must be filed within 30 days after entry of the order or judgment to be appealed, and the statutory requirements are jurisdictional. Because Roberson filed his application 175 days after the order, the Court of Appeals lacked jurisdiction.

Questions Presented

1. Whether the Court of Appeals had jurisdiction over a discretionary-appeal application filed 175 days after the trial court's order.

Disposition

dismissed