Raymond Jones v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ June 08, 2026 The Court of Appeals hereby passes the following order: A26D0531. RAYMOND JONES v. THE STATE.

In April 2026, Jones filed a motion for leave to file an out-of-time appeal from his July 2024 guilty plea. The trial court dismissed that motion, and Jones filed this application for discretionary appeal. We lack jurisdiction.

In Cook v. State, 313 Ga. 471, 506(5) (870 SE2d 758) (2022), our Supreme Court determined that a trial court lacks authority to grant an out-of-time appeal, and that any remedy involving an out-of-time appeal must be sought in habeas corpus. In response, the legislature enacted OCGA § 5-6-39.1, which became effective on May 14, 2025. This statute allows defendants to seek out-of-time relief if the defendant moves for leave to file an out-of-time motion for new trial or notice of appeal within days from the expiration of the time period for the filing of such motion or notice, OCGA § 5-6-39.1(a), or if the defendant had an out-of-time motion or appeal dismissed under Cook. OCGA § 5-6-39.1(b).

As the trial court correctly concluded, neither subsection of OCGA § 5-6-39.1 applies to this case. Jones did not file his motion for leave to file an out-of-time appeal within 100 days from the expiration of the time period for filing an appeal, nor did he have his motion or appeal dismissed under Cook.

For these reasons, this Court lacks jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/08/2026 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.