Opinion
A25A0475
10-24-2024
TYRICKUS GLADMON v. THE STATE.
The Court of Appeals hereby passes the following order:
In 2014, Tyrickus Gladmon was convicted of family violence aggravated battery, family violence aggravated assault, and two counts of cruelty to children. We affirmed Gladmon's convictions on direct appeal in an unpublished opinion. Gladmon v. State, Case No. A16A1333 (Aug. 3, 2016). In 2024, Gladmon filed an extraordinary motion for new trial, which the trial court denied on August 15, 2024. Gladmon then filed a notice of appeal on September 19, 2024. We lack jurisdiction for two reasons.
First, Gladmon's appeal is untimely. A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Ebeling v. State, 355 Ga.App. 469, 469 (844 S.E.2d 518) (2020). Gladmon's notice of appeal was filed 35 days after entry of the trial court's order and is thus untimely.
Second, 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). Gladmon'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.