Opinion
A23A0264
09-30-2022
JIMMY GOODEN, JR. v. THE STATE.
The Court of Appeals hereby passes the following order:
Jimmy Gooden, Jr., was convicted of forcible rape, incest, terroristic threat, and simple battery. He filed a motion for new trial, which the trial court denied, and this Court affirmed his conviction on appeal. Gooden v. State, 316 Ga.App. 12 (728 S.E.2d 693) (2012). Gooden subsequently filed an extraordinary motion for new trial, which the trial court dismissed. Gooden then filed this direct appeal. We lack jurisdiction.
Gooden also filed an application for discretionary review of the order on his extraordinary motion for new trial, which has been docketed in this Court as Case No. A23D0048.
An order denying or dismissing an extraordinary motion for new trial must be appealed by application for discretionary review. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga.App. 327, 329 (489 S.E.2d 129) (1997). Gooden's failure to follow the requisite appellate procedure deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.