Jimmy Wallace v. State
Docket A26A0736
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
- A26A0736
Appeal from a criminal conviction following filing of a motion for new trial that remained pending in the trial court
Summary
The Court of Appeals dismissed Jimmy Wallace's appeal as premature. Wallace was convicted and filed a timely motion for new trial, then filed a motion to withdraw that motion and the next day filed a notice of appeal. Because the trial court had not yet ruled on the motion for new trial or the motion to withdraw it, the case remained pending below and the appellate court lacked jurisdiction under Georgia law. The court relied on statutory timing rules for appeals and precedent holding that the appellate clock does not start until the trial court finally disposes of a motion for new trial.
Issues Decided
- Whether an appeal is premature when a motion for new trial filed after judgment remains undecided by the trial court
- Whether filing a motion to withdraw a pending motion for new trial affects the start of the appellate time period
Court's Reasoning
Georgia law requires that when a motion for new trial is filed within 30 days of judgment, a notice of appeal must be filed within 30 days after the trial court finally disposes of that motion. Because the trial court had not ruled on Wallace's motion for new trial or his motion to withdraw it, the case remained pending below and the appellate court lacked jurisdiction. Precedent confirms the appellate clock does not begin until the trial court grants, denies, or otherwise finally disposes of the new-trial motion.
Authorities Cited
- OCGA § 5-6-34(a)(1)(B)
- OCGA § 5-6-38(a)
- Hann v. State292 Ga. App. 719 (665 SE2d 731) (2008)
- Heard v. State274 Ga. 196 (552 SE2d 818) (2001)
- Porter v. State367 Ga. App. 70 (885 SE2d 51) (2023)
Parties
- Appellant
- Jimmy Wallace
- Appellee
- The State
- Court
- Court of Appeals of the State of Georgia
- Judge
Key Dates
- Court order date
- 2026-04-20
What You Should Do Next
- 1
Wait for trial court disposition
Do not refile the appeal until the trial court has granted, denied, or otherwise finally disposed of the motion for new trial or the motion to withdraw it.
- 2
Monitor or request ruling
Counsel for Wallace should monitor the trial-court docket and may consider filing a motion to request a ruling or an expedited disposition if appropriate under local rules.
- 3
File a new notice of appeal after disposition
If the trial court rules, file a notice of appeal within the time allowed by OCGA once the motion is finally disposed of.
Frequently Asked Questions
- What does this dismissal mean?
- The Court of Appeals dismissed the appeal because it was filed before the trial court decided Wallace's motion for new trial, so the appellate court has no authority to decide the case yet.
- Who is affected by this decision?
- Jimmy Wallace and the State are directly affected; Wallace cannot proceed on this appeal until the trial court rules on the pending motion(s).
- What happens next?
- The appeal is dismissed without prejudice to refiling after the trial court finally disposes of the motion for new trial (or the motion to withdraw it).
- Can Wallace appeal again?
- Yes. Once the trial court grants, denies, or otherwise finally disposes of the new-trial motion, Wallace may file a timely notice of appeal within the period prescribed by statute.
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 20, 2026
The Court of Appeals hereby passes the following order:
A26A0736. JIMMY WALLACE v. THE STATE.
After being convicted of drug trafficking and other crimes, Jimmy Wallace filed
a timely motion for new trial. Later that same day, Wallace filed a motion to withdraw
the pending motion for new trial, and the next day, he filed a notice of appeal to this
Court. We lack jurisdiction because the appeal is premature.
Under OCGA § 5-6-34(a)(1)(B), appeals generally may be taken from “[a]ll
final judgments, that is to say, where the case is no longer pending in the court
below[.]”“A notice of appeal must be filed within 30 days of the judgment being
appealed, or, if a motion for new trial is filed within 30 days of the judgment, ‘the
notice shall be filed within 30 days after the entry of the order granting, overruling, or
otherwise finally disposing of the motion.’” Hann v. State, 292 Ga. App. 719, 719(1)
(665 SE2d 731) (2008) (quoting OCGA § 5-6-38(a)).
Here, the record contains no indication that the trial court has ruled on
Wallace’s motion for new trial or his motion to withdraw that motion. Accordingly,
the case remains pending below, and this appeal is premature. See Porter v. State, 367
Ga. App. 70, 72(1) & n.9 (885 SE2d 51) (2023) (the pendency of a motion for new trial
divests the appellate court of jurisdiction, absent compliance with the interlocutory
appeal procedure of OCGA § 5-6-34(b)); Hann, 292 Ga. App. at 720(1) (same).
Wallace’s pending motion to withdraw his motion for new trial does not change this
analysis. See Heard v. State, 274 Ga. 196, 197–98(1) (552 SE2d 818) (2001) (holding
that the trial court must grant, deny, or otherwise finally dispose of a motion for new
trial to start the appellate clock under OCGA § 5-6-38). Consequently, we lack
jurisdiction over this premature appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/20/2026
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.