Josiah Bennett v. State

Court of Appeals of the State of Georgia

ATLANTA,_________________

May 22, 2012 The Court of Appeals hereby passes the following order:

A12D0378. JOSIAH BENNETT v. THE STATE.

On May 3, 2012, Josiah Bennett filed this application for discretionary appeal to challenge the trial court’s October 6, 2011, order denying his motion to modify his sentence.1 To be timely, however, a discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6-35 (d). Because Bennett filed his application 210 days after the trial court entered its order, it is untimely. Accordingly, we lack jurisdiction over the application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia

05/22/2012 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.