Aron Rexhepi v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________

May 17, 2021 The Court of Appeals hereby passes the following order:

A21D0311. ARON REXHEPI v. THE STATE.

In 2014, a jury found Aron Rexhepi guilty of armed robbery and other offenses, and we affirmed his convictions on direct appeal. See Rexhepi v. State, No. A15A1079 (Oct. 16, 2015). He later filed an extraordinary motion for a new trial, which the trial court denied in an order entered on March 5, 2021.1 On April 19, 2021, Rexhepi filed this application for discretionary review.2 We lack jurisdiction.

An application for discretionary review must be filed within 30 days of 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 not made in compliance therewith. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Rexhepi’s application is untimely, as it was filed 45 days after entry of the order he seeks to appeal. Accordingly, this application is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

05/17/2021 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.