Roberto Telles Baez v. State
Roberto Telles Baez v. State
Opinion
Court of Appeals of the State of Georgia ATLANTA,__________________ November 12, 2013 The Court of Appeals hereby passes the following order: A14D0096. ROBERTO TELLES BAEZ v. THE STATE.
On September 10, 2013, the superior court entered an order denying Baez’s motion to vacate void sentence. On October 17, 2013, he filed this application for discretionary appeal seeking review of the trial court’s order. We, however, lack jurisdiction.
An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d). “The requirements of OCGA § 5-6- are jurisdictional and this court cannot accept an appeal not made in compliance therewith.” Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989); see also Gable v. State, 290 Ga. 81, 82-83 (2) (a) (720 SE2d 170) (2011). Because Baez’s application was filed 37 days after entry of the order he seeks to appeal, it is untimely, and it is accordingly DISMISSED for lack of jurisdiction.
Court of Appeals of the State of Georgia 11/12/2013 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.