Robert D. Whigham v. State of Georgia

Court of Appeals of the State of Georgia

ATLANTA,____________________

August 10, 2021 The Court of Appeals hereby passes the following order:

A21D0416. ROBERT D. WHIGHAM v. STATE OF GEORGIA.

Robert D. Whigham filed a petition for removal from the sex offender registry under OCGA § 42-1-19. On December 31, 2020, the trial court denied the motion. On July 13, 2021, Whigham filed this application for discretionary appeal seeking review of the trial court’s order.1 We, however, lack jurisdiction.

An application for discretionary review must be filed within 30 days of entry of the judgment or trial court order sought 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). Whigham’s application was untimely filed more than six months after entry of the order he seeks to appeal. As a result, the application is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

08/10/2021 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.