What did the court decide?

The Court of Appeals dismissed Burton’s appeal because his notice of appeal was filed after the 30-day deadline, so the court had no jurisdiction to review the trial court’s order.

Who is affected by this decision?

Andre Latrell Burton is directly affected because his appeal will not be considered; the State is the opposing party and the trial court’s denial remains in place.

Because the appeal was dismissed for lack of jurisdiction, Burton may need to consult counsel about whether any other post-conviction remedies or motions (if timely) are available, but this dismissal ends review of the November 5, 2025 order by the Court of Appeals.

Can Burton still appeal or seek relief?

This dismissal prevents review of that appeal; Burton should speak with an attorney promptly to determine if any other remedies, such as a timely motion for reconsideration, a petition for discretionary review (if applicable), or other post-conviction relief, remain available.

Andre Latrell Burton v. State

Docket A26A1754

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealDismissed

Filed: Apr 23, 2026 · 1 week ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Criminal Appeal
Disposition: Dismissed
Docket: A26A1754

Appeal from denial of a motion to set aside sentence in a criminal case

Summary

The Court of Appeals dismissed Andre Latrell Burton’s appeal for lack of jurisdiction. Burton filed a notice of appeal on March 2, 2026 challenging the trial court’s November 5, 2025 denial of his 2024 motion to set aside his sentence. Because Georgia law requires a notice of appeal within 30 days of entry of the order and Burton’s notice was filed about four months late, the Court concluded it had no jurisdiction and dismissed the appeal without reaching the merits.

Issues Decided

Whether the Court of Appeals has jurisdiction where the notice of appeal was filed more than 30 days after entry of the trial court order.
Whether Burton’s notice of appeal, filed approximately four months after the order, complied with OCGA § 5-6-38(a).

Court's Reasoning

OCGA § 5-6-38(a) requires a notice of appeal within 30 days of entry of the order to confer jurisdiction on the Court of Appeals. The court treated timely filing as an absolute jurisdictional requirement and cited precedent holding the same. Because Burton filed his notice roughly four months after the November 5, 2025 order, the filing was untimely and the court lacked jurisdiction to consider the appeal.

Authorities Cited

OCGA § 5-6-38(a)
Ebeling v. State355 Ga. App. 469 (844 SE2d 518) (2020)

Parties

Appellant: Andre Latrell Burton
Appellee: The State
Court: Court of Appeals of the State of Georgia
Judge: Clerk, Court of Appeals of Georgia

Key Dates

Original guilty plea: 2017-01-01
Motion to set aside sentence filed: 2024-01-01
Trial court order denying motion: 2025-11-05
Notice of appeal filed: 2026-03-02
Court of Appeals dismissal order: 2026-04-23

What You Should Do Next

1
Consult criminal defense counsel
Talk to an attorney immediately to evaluate other possible post-conviction remedies and to confirm whether any equitable exceptions or alternative filings might apply.
2
Review filing timelines
Compare the exact dates and docket entries to determine if any clerical errors or miscalculations affected the filing deadline and whether a motion to reopen or for nunc pro tunc relief is possible.
3
Consider other remedies
If appropriate, explore state habeas corpus petitions, motions based on newly discovered evidence, or federal habeas options with counsel, noting each has its own timeliness rules.

Frequently Asked Questions

What did the court decide?: The Court of Appeals dismissed Burton’s appeal because his notice of appeal was filed after the 30-day deadline, so the court had no jurisdiction to review the trial court’s order.
Who is affected by this decision?: Andre Latrell Burton is directly affected because his appeal will not be considered; the State is the opposing party and the trial court’s denial remains in place.
What happens next?: Because the appeal was dismissed for lack of jurisdiction, Burton may need to consult counsel about whether any other post-conviction remedies or motions (if timely) are available, but this dismissal ends review of the November 5, 2025 order by the Court of Appeals.
Can Burton still appeal or seek relief?: This dismissal prevents review of that appeal; Burton should speak with an attorney promptly to determine if any other remedies, such as a timely motion for reconsideration, a petition for discretionary review (if applicable), or other post-conviction relief, remain available.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 23, 2026

The Court of Appeals hereby passes the following order:

A26A1754. ANDRE LATRELL BURTON v. THE STATE.

In 2017, Andre Latrell Burton pled guilty to kidnapping with bodily injury and
other crimes. In 2024, he filed a motion to set aside his sentence. On November 5,
2025, the trial court denied the motion, and on March 2, 2026, Burton filed a notice
of appeal. We lack jurisdiction.
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 SE2d 518) (2020). Because Burton’s
notice of appeal was filed approximately four months after entry of the trial court’s
order, it is untimely.
Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/23/2026
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.