Dwayne Eugene Jackson v. State - Appeal Dismissed
Summary
The Georgia Court of Appeals dismissed Dwayne Eugene Jackson's direct appeal on April 16, 2026, for lack of jurisdiction. Jackson pleaded guilty in March 2026 to theft by shoplifting counts and was sentenced to 20 years with 11 years in confinement. The court held that under recently amended OCGA § 5-6-35, any direct appeal from a guilty plea entered on or after May 14, 2025, must be initiated by filing an application for discretionary review. Compliance with the discretionary appeals procedure is jurisdictional, and Jackson's failure to follow this procedure deprived the court of jurisdiction over his appeal.
What changed
The Court of Appeals applied the recently amended OCGA § 5-6-35(a)(5.3), which requires that appeals from guilty pleas entered on or after May 14, 2025, must be initiated by filing an application for discretionary review rather than a direct appeal. The court found that Jackson failed to comply with this procedural requirement, and because compliance with the discretionary appeals procedure is jurisdictional, his appeal was dismissed.
Criminal defendants in Georgia who enter guilty pleas on or after May 14, 2025, and wish to appeal must now follow the mandatory discretionary review process instead of filing direct appeals. Defense counsel should be aware of this jurisdictional change when advising clients on post-plea options.
Archived snapshot
Apr 16, 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 16, 2026 Get Citation Alerts Download PDF Add Note
Dwayne Eugene Jackson v. State
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1733
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
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.
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