Dwayne Eugene Jackson v. State
Docket A26A1733
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Dismissed
- Docket
- A26A1733
Direct appeal from a guilty plea and sentence
Summary
The Georgia Court of Appeals dismissed Dwayne Eugene Jackson’s direct appeal of his March 2026 guilty plea and 20-year sentence because the appeal was not filed under the state’s newly amended discretionary review procedure required for guilty pleas entered on or after May 14, 2025. The court explained that OCGA § 5-6-35 now requires such appeals to begin by application for discretionary review and that failure to follow that procedure is jurisdictional. Because Jackson did not comply, the court concluded it lacks jurisdiction and dismissed the appeal.
Issues Decided
- Whether the Court of Appeals has jurisdiction over a direct appeal from a guilty plea entered after May 14, 2025 when the appellant did not initiate an application for discretionary review under OCGA § 5-6-35.
- Whether compliance with the discretionary-review procedure is jurisdictional for appeals from guilty pleas entered on or after May 14, 2025.
Court's Reasoning
The court relied on the statutory amendment to OCGA § 5-6-35 requiring that direct appeals from guilty pleas entered on or after May 14, 2025 be initiated by an application for discretionary review. Precedent establishes that compliance with the discretionary-review procedure is jurisdictional, so failure to follow that required procedure deprives the Court of Appeals of authority to decide the appeal. Because Jackson did not file the statutorily required application, the court dismissed the appeal for lack of jurisdiction.
Authorities Cited
- OCGA § 5-6-35
- Clark v. State378 Ga. App. 111 (924 SE2d 346) (2025)
- Phaneuf v. Anthony375 Ga. App. 636 (917 SE2d 191) (2025)
- Hester v. State378 Ga. App. 121 (924 SE2d 457) (2025)
Parties
- Appellant
- Dwayne Eugene Jackson
- Appellee
- The State
- Judge
- Court of Appeals of the State of Georgia
Key Dates
- guilty plea and sentence
- 2026-03-01
- decision date
- 2026-04-16
- statutory amendment effective date
- 2025-05-14
What You Should Do Next
- 1
Consult criminal defense counsel immediately
An attorney can determine whether the required application for discretionary review can still be filed or whether alternative remedies (such as collateral postconviction petitions) are available and timely.
- 2
Check deadlines for discretionary review
Verify statutory and rule-based deadlines to see if an application for discretionary review could still be filed or whether any extensions or exceptions might apply.
- 3
Evaluate collateral remedies
If discretionary review is no longer available, counsel should assess whether habeas corpus or other postconviction motions could challenge the conviction or sentence.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed Jackson's direct appeal because he did not start the appeal by filing the required application for discretionary review under the amended OCGA § 5-6-35.
- Who is affected by this decision?
- Jackson is directly affected because his appeal was dismissed; any criminal defendant who pleaded guilty on or after May 14, 2025 must use the discretionary-review procedure for a direct appeal.
- What happens next for Jackson?
- Because the appeal was dismissed for lack of jurisdiction, Jackson may need to consult counsel about whether to file the required application for discretionary review, if still timely, or pursue other postconviction remedies.
- Why did the court say it lacked jurisdiction?
- The court said that the statute now requires a specific discretionary-review filing for appeals from guilty pleas entered after May 14, 2025 and that failing to follow that procedure is jurisdictionally fatal.
- Can this dismissal be appealed further?
- Options are limited because the Court of Appeals dismissed for lack of jurisdiction; Jackson should consult counsel promptly to determine whether a timely application for discretionary review or other relief remains 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 16, 2026
The Court of Appeals hereby passes the following order:
A26A1733. DWAYNE EUGENE JACKSON v. THE STATE.
In March 2026, Dwayne Eugene Jackson pleaded guilty to several counts of
theft by shoplifting, for which he was sentenced to a total of 20 years, with the first 11
years to be served in confinement. Jackson filed this direct appeal from his plea and
sentence. We lack jurisdiction.
Our General Assembly recently amended OCGA § 5-6-35 so that any direct
appeal from a guilty plea entered on or after May 14, 2025, must “be initiated by filing
an application for discretionary review.” Clark v. State, 378 Ga. App.111, 111 n.1 (924
SE2d 346) (2025); OCGA § 5-6-35(a)(5.3). “Compliance with the discretionary
appeals procedure is jurisdictional.”Phaneuf v. Anthony, 375 Ga. App. 636, 638 (917
SE2d 191) (2025). Consequently, Jackson’s failure to comply with the discretionary
appeals procedure deprives us of jurisdiction over this appeal, which is hereby
DISMISSED. Hester v. State, 378 Ga. App. 121 (924 SE2d 457) (2025).
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/16/2026
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.