Full Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ September 16, 2026 The Court of Appeals hereby passes the following order: A27D0083. GODFREY DESEAN FORBES v. THE STATE. Godfrey Forbes entered a guilty plea to a number of offenses, including aggravated assault. Forbes applied for discretionary review in the Georgia Supreme Court on July 14, 2026, which transferred his case here. Case No. S26D1777 (Aug. 5, 2026). Forbes seeks review of his sentencing order, entered February 2, 2026, and a purported order denying his motion to vacate a void sentence which he did not include in the application materials. See OCGA § 5-6-35(c) (requiring applicant “include as [an exhibit] ... a copy of the order or judgment being appealed”); Court of Appeals Rule 31(c) (same). The State filed a motion to dismiss the application, arguing it is untimely. We agree. Forbes’ application materials only include the February 2, 2026 order, and he applied for review in the Georgia Supreme Court on July 14, 2026.1 A discretionary application must be filed within 30 days of the entry of the order, decision, or judgment sought to be appealed. OCGA § 5-6-35(d). This statutory deadline is jurisdictional, and this Court cannot accept an application for appeal not made in 1 Court of Appeals Rule 4(b) creates a “mailbox” rule for discretionary applications filed by pro se parties under which documents are “deemed filed on the date shown by the official postmark.” Even so, this would show only that Forbes submitted his application on July 10, 2026, more than five months after the trial court order included in the application. compliance with the relevant statute. See In the Interest of B. R. F., 299 Ga. 294, 298 (788 SE2d 416) (2016) (appellate court lacks jurisdiction over untimely application for discretionary appeal). Accordingly, the State’s motion to dismiss is GRANTED, and this application is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/16/2026 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.