Background
On July 13, 2026, the trial court revoked William Anthony Acree’s probation. Acree then sought discretionary review in the Court of Appeals of Georgia.
Although Acree filed his application in September 2026, the court gave him the benefit of the prisoner-filing rule and treated September 11, 2026, as the earliest possible filing date. That date was still more than 30 days after the probation-revocation order.
The Court’s Holding
The Court of Appeals dismissed Acree’s application for discretionary review for lack of jurisdiction. Under OCGA § 5-6-35(d), an application for discretionary review must be filed within 30 days after entry of the appealable order.
The court held that the statutory deadline is jurisdictional and cannot be extended by accepting a noncompliant application. It noted that if a trial-court error frustrated Acree’s ability to seek timely review, he may ask the trial court to vacate and re-enter the order under the procedure described in Cambron v. Canal Insurance Co..
Key Takeaways
- The 30-day deadline for a discretionary appeal under OCGA § 5-6-35(d) is jurisdictional.
- Even using the earliest possible prisoner-filing date, Acree’s application was untimely.
- A litigant whose appellate rights were frustrated by trial-court error may seek vacatur and re-entry of the order in the trial court.
Why It Matters
The order underscores that Georgia appellate courts cannot hear a discretionary appeal filed after the statutory deadline, even where the applicant is incarcerated and receives the benefit of the prisoner-filing rule.