Opinion
A22A1555
06-28-2022
DONNIE FUSSELL v. THE STATE.
The Court of Appeals hereby passes the following order:
Donnie Fussell was convicted of rape. Following the denial of his motion for new trial, Fussell appealed to this Court. We affirmed his conviction. See Case No. A20A2122 (decided Feb. 16, 2021). Fussell later filed an extraordinary motion for new trial, which the trial court denied. He then filed this direct appeal, but we lack jurisdiction.
An appeal from an order denying or dismissing an extraordinary motion for 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). Fussell's failure to follow the discretionary appeal procedure deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED. See Davis, 182 Ga.App. at 736-737.