Burton v. State, Georgia Appeals, Dismissed
Summary
The Court of Appeals of Georgia dismissed Case No. A26A1754, Andre Latrell Burton v. The State, for lack of jurisdiction. Burton had pled guilty in 2017 to kidnapping with bodily injury and other crimes, then filed a 2024 motion to set aside his sentence. The trial court denied that motion on November 5, 2025, but Burton did not file his notice of appeal until March 2, 2026 — approximately four months after the trial court's order and well beyond the statutory 30-day window under 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.”
About this source
The Georgia Court of Appeals hears every appeal from Georgia's superior, state, juvenile, and probate courts. The court sits in three divisions and publishes around 310 opinions a month spanning civil, criminal, family, business tort, and administrative cases. Georgia's economy and legal market mean the court generates significant precedent that shapes commercial litigation across the southeast. GovPing tracks every published opinion via CourtListener's mirror, with the case name, parties, division, and outcome. Watch this if you litigate in Georgia, advise multi-state clients on southeastern commercial law, or track family law and business tort trends. Recent: a divorce appeal between Russell and Lauren Nast, a discretionary appeal denied in Blackmon v Dudley, an action against a Toyota dealer in Augusta.
What changed
The Court of Appeals dismissed Burton's appeal because his notice of appeal was filed approximately four months after entry of the trial court's November 5, 2025 order denying his motion to set aside his sentence, rendering it untimely under the mandatory 30-day filing requirement of OCGA § 5-6-38(a). The court held that the proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction.
Criminal defendants in Georgia appellate proceedings should be aware that the 30-day notice-of-appeal deadline under OCGA § 5-6-38(a) is jurisdictional — failure to file within this window results in dismissal without consideration of the underlying merits, regardless of the strength of the appeal.
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Apr 23, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 23, 2026 Get Citation Alerts Download PDF Add Note
Andre Latrell Burton v. State
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1754
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
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.
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Source document text, dates, docket IDs, and authority are extracted directly from GA Court of Appeals.
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