Opinion
A23A0075
09-13-2022
BOBBY PARADISE v. THE STATE.
The Court of Appeals hereby passes the following order:
In 1993, a jury convicted Bobby Paradise of four counts each of aggravated child molestation, aggravated sodomy, and child molestation. The trial court sentenced Paradise to consecutive sentences of life and 40 years, with the final 20 years to be served on probation. We affirmed his convictions on direct appeal. Paradise v. State, 212 Ga.App. 166 (441 S.E.2d 497) (1994). Since then, Paradise has filed several motions seeking to vacate his convictions and sentence. See, e.g., Paradise v. State, 321 Ga.App. 371 (740 S.E.2d 238) (2013). Most recently, in June 2022, Paradise filed a pro se extraordinary motion for new trial. The trial court dismissed the motion, concluding that Paradise's claims are barred by the law of the case, and Paradise filed this appeal. We, however, lack jurisdiction.
Pretermitting whether Paradise's claims are barred by the law of the case, the trial court's order is not subject to direct appeal. An appeal from an order denying or dismissing an extraordinary motion for a new trial must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (7), (b); Davis v. State, 182 Ga.App. 736, 736-737 (356 S.E.2d 762) (1987). "[C]ompliance with the discretionary appeals procedure is jurisdictional." Fabe v. Floyd, 199 Ga.App. 322, 332 (1) (405 S.E.2d 265) (1991). Paradise's failure to follow the discretionary appeals procedure deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED. See Davis, 182 Ga.App. at 736-737.