Darrell Brown v. State
Darrell Brown v. State
Opinion
Court of Appeals of the State of Georgia ATLANTA,____________________ June 17, 2016 The Court of Appeals hereby passes the following order: A16D0391. DARRELL BROWN v. THE STATE.
Darrell Brown was convicted of multiple offenses, including aggravated assault, aggravated battery, and kidnapping, and his convictions were affirmed on appeal. See Brown v. State, 275 Ga. App. 99 (619 SE2d 789) (2005). Since then, Brown has filed numerous meritless actions in this Court.1 Most recently, he filed a “Request for Order of Acquittal by Judgment and Motion to Correct a Void Sentence.” The trial court denied the motion on April 1, 2016, and Brown filed his application for discretionary appeal on May 18, 2016. We lack jurisdiction.
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment 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 made beyond 30 days. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). Here, Brown filed his application 47 days after entry of the order he seeks to appeal. Accordingly, this untimely application is hereby DISMISSED for lack of jurisdiction.
Since this Court issued its decision in Brown v. State, this is the 12th action Brown has filed challenging his conviction and/or sentence.
Court of Appeals of the State of Georgia 06/17/2016 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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