Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A16D0069. STEPHEN V. HARTMAN v. THE STATE.

In September 2012, Stephen Hartman pled guilty to possession of marijuana,

and the trial court sentenced him to five years of probation. In January 2015, the

State moved to modify or revoke Hartman’s probation on the ground that he had

committed several new offenses. Following a hearing, the trial court found that

Hartman had committed the felony offense of making terroristic threats and modified

Hartman’s probation by requiring him to complete certain treatment programs. The

court’s order was entered on February 18, 2015. The record contains no indication

that Hartman appealed this order.

In July 2015, Hartman filed a motion for reconsideration of the trial court’s

February 18 order, based on a U.S. Supreme Court decision that had been issued the

previous month. The next month, the State again moved to modify or revoke

Hartman’s probation on the ground that he had refused to participate in the programs

as previously ordered by the court. In September 2015, following another hearing,

the trial court revoked Hartman’s probation and ordered him to serve 2 years and 24

days in prison. The court denied Hartman’s July 2015 motion for reconsideration on

October 1, 2015.

Hartman has now filed an application for discretionary review of the trial

court’s order denying his motion for reconsideration. In his counseled application,

Hartman specifically seeksreview of the court’s determination that he committed the

offense of making terroristic threats. We lack jurisdiction.

An application for discretionary appeal must be filed within 30 days of entry

of the order or judgment to be appealed. OCGA § 5-6-35 (d). The requirements of

October 29, 2015
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 (380

SE2d 57) (1989). The filing of a motion for reconsideration does not extend the time

for filing a notice of appeal, and the denial of a motion for reconsideration is not itself

a directly appealable order. See Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d

187) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 (326 SE2d 5) (1985). Here,

Hartman filed his application for discretionary appeal on October 2, 2015, more than

seven months after entry of the court order finding that he had committed the offense

of making terroristic threats, and the denial of his motion for reconsideration of that

order is not directly appealable. Consequently,Hartman’s application is untimelyand

is hereby DISMISSED for lack of jurisdiction.

1

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

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.

1 To the extent that Hartman also seeks to appeal the September 2015 order

revoking his probation, he has raised no arguments in his counseled application

addressing the basis for the revocation order, namely, his failure to complete various

court-ordered treatment programs.

10/29/2015