Opinion
A25A0535
11-13-2024
HIRAM ABERNATHY v. THE STATE.
The Court of Appeals hereby passes the following order:
Following a jury trial, Hiram Abernathy was convicted on one count each of aggravated battery, aggravated assault, armed robbery, kidnapping with bodily injury, false imprisonment, possession of a firearm during the commission of a crime, and possession of marijuana. We affirmed his convictions on appeal. See Abernathy v. State, 299 Ga.App. 897 (685 S.E.2d 734) (2009). In 2023, Abernathy filed an extraordinary motion for new trial, which the trial court denied. He appeals from the trial court's order. We, however, lack jurisdiction.
An appeal from an order denying an extraordinary motion for new trial must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (7), (b); Balkcom v. State, 227 Ga.App. 327, 329 (489 S.E.2d 129) (1997). "Compliance with the discretionary appeals procedure is jurisdictional." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996). Abernathy's failure to follow the discretionary review procedure thus deprives us of jurisdiction over this direct appeal. See Bradberry v. State, 315 Ga.App. 434, 437 (727 S.E.2d 208) (2012).
Accordingly, this appeal is hereby DISMISSED.