Godfrey Desean Forbes v. State
CourtCourt of Appeals of Georgia
Date FiledSeptember 16, 2026
DocketA27D0083
StatusPublished
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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.