Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 10, 2017
The Court of Appeals hereby passes the following order:
A18D0125. CHRISTOPHER JOEL PEACE v. THE STATE.
In November 2015, Christopher Joel Peace pled guilty to armed robbery and
was sentenced to 20 years with the first 10 years to be served in confinement.
Thereafter, in October 2016, Peace filed a motion to modify his sentence. The trial
court denied Peace’s motion on August 4, 2017, and Peace filed his application for
discretionary appeal on September 26, 2017. We, however, lack jurisdiction.
Ordinarily, if a party applies for discretionary review of a directly appealable
order–such as an order denying a timely motion for sentence modification–we grant
the application under OCGA § 5-6-35 (j). To fall within this general rule, however,
the application must be filed within 30 days of entry of the order to be appealed.
OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 582 (420 SE2d 393) (1992).
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). Peace filed his application 53 days after entry
of the order he seeks to appeal, and his application is therefore untimely.
Accordingly, this application is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/10/2017
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.