Shayne Mortain v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ January 27, 2026 The Court of Appeals hereby passes the following order: A26A1090. SHAYNE MORTAIN v. THE STATE.

On May 20, 2025, Shayne Mortain entered a guilty plea to two traffic offenses.1 On May 21, 2025, Mortain filed a notice of appeal. We, however, lack jurisdiction.

Effective May 14, 2025, the legislature amended OCGA § 5-6-35(a)(5.3) to require the filing of an application for discretionary appeal in order to appeal a guilty plea. “Compliance with the discretionary appeals procedure is jurisdictional.” Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021) (citation and punctuation omitted). Because Mortain failed to file a discretionary application, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

See Hester v. State, __ Ga. App. __ (Case No. A26A0903, Dec. 11, 2025).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/27/2026 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

A vehicular homicide charge was nolle prossed.