What did the court decide?

The Court of Appeals dismissed the appeal because the defendant used the wrong procedure to seek credit for time served; such claims must be brought by mandamus against prison officials.

Who is affected by this decision?

Jerome Locke is directly affected; any prisoner seeking computation of time-served credit in Georgia is affected because the decision reiterates the required procedure.

What happens next for the defendant?

Locke must file a mandamus action against the Department of Corrections or appropriate prison officials to challenge the computation of his credit for time served.

Can this dismissal be appealed further?

The Court of Appeals dismissed for lack of jurisdiction based on settled law; further review would typically require showing a basis for a different procedural route or unusual circumstances and potentially petitioning the Georgia Supreme Court in limited circumstances.

Jerome Locke v. State

Docket A26A1611

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

Criminal AppealDismissed

Filed: Apr 29, 2026 · 2 days ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Criminal Appeal
Disposition: Dismissed
Docket: A26A1611

Direct appeal from the trial court's dismissal of a 2024 pleading seeking credit for time served following a 2018 guilty plea and sentence.

Summary

The Court of Appeals dismissed Jerome Locke’s appeal challenging the trial court’s dismissal of his 2024 request for credit for time served. Locke had pled guilty in 2018 and was sentenced to 20 years with 12 to be served in confinement. The trial court concluded it lacked jurisdiction because the Department of Corrections computes credit under OCGA § 17-10-12. The Court of Appeals held the appeal improper because the correct remedy is a mandamus action against prison officials; a motion filed in the criminal case is a nullity and not appealable.

Issues Decided

Whether a defendant's motion filed in the criminal case seeking credit for time served is properly within the trial court's jurisdiction.
Whether a defendant must seek credit for time served via mandamus against prison officials rather than by motion in the criminal case.

Court's Reasoning

The court relied on precedent establishing that the computation of jail or prison credit is the responsibility of the Department of Corrections and that the proper remedy for such disputes is a mandamus action against prison officials. Because a motion filed within the criminal case is a nullity for this purpose, it presents nothing for appeal. That procedural rule deprived the Court of Appeals of jurisdiction to decide Locke's appeal.

Authorities Cited

Warbington v. State303 Ga. 649 (2018)
OCGA § 17-10-12

Parties

Appellant: Jerome Locke
Appellee: The State
Clerk: Court of Appeals Clerk

Key Dates

Original guilty plea and sentence: 2018-01-01
Filing seeking credit for time served: 2024-01-01
Court of Appeals decision: 2026-04-29

What You Should Do Next

1
File a mandamus action
Prepare and file a mandamus petition in the appropriate court naming the Department of Corrections or responsible prison officials to challenge the computation of credit for time served.
2
Consult defense counsel
Speak with an attorney experienced in post-conviction and mandamus practice to ensure the petition is properly framed and timed.
3
Gather sentencing and custody records
Collect all prison intake, transfer, and custody records and the sentencing order to support the mandamus petition's factual showing of credited time.

Frequently Asked Questions

What did the court decide?: The Court of Appeals dismissed the appeal because the defendant used the wrong procedure to seek credit for time served; such claims must be brought by mandamus against prison officials.
Who is affected by this decision?: Jerome Locke is directly affected; any prisoner seeking computation of time-served credit in Georgia is affected because the decision reiterates the required procedure.
What happens next for the defendant?: Locke must file a mandamus action against the Department of Corrections or appropriate prison officials to challenge the computation of his credit for time served.
Can this dismissal be appealed further?: The Court of Appeals dismissed for lack of jurisdiction based on settled law; further review would typically require showing a basis for a different procedural route or unusual circumstances and potentially petitioning the Georgia Supreme Court in limited circumstances.

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 29, 2026

The Court of Appeals hereby passes the following order:

A26A1611. JEROME LOCKE v. THE STATE.

In 2018, Jerome Locke pled guilty to rape and the trial court sentenced him to
a total of 20 years, with the first 12 to be served in confinement. In 2024, Locke filed
a pleading with the trial court, seeking credit for time he served before he was
convicted. The trial court dismissed Locke’s request, finding that it lacked jurisdiction
because the Department of Corrections is responsible for computing credit for time
served. See OCGA § 17-10-12. From that order, Locke filed this direct appeal. This
Court, however, lacks jurisdiction.
The proper method for seeking credit for time served is through a mandamus
action against prison officials. See Warbington v. State, 303 Ga. 649, 651 (814 SE2d
351) (2018). Such a motion filed in a criminal case is a nullity, which presents nothing
to appeal. See id. Thus, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/29/2026
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.