Jose Martin Islas v. State - Appeal Dismissed for Lack of Jurisdiction
Summary
The Georgia Court of Appeals dismissed Jose Martin Islas' appeal for lack of jurisdiction. The appeal was untimely, filed 67 days after the trial court's October 16, 2025 order denying his motion to correct void sentence, exceeding the statutory 30-day filing deadline under OCGA § 5-6-38(a). The Court also held that a motion for reconsideration does not extend the time to appeal.
What changed
The Georgia Court of Appeals dismissed the appeal in Case No. A26A1495 for lack of jurisdiction. The Court held that the notice of appeal, filed 67 days after the October 16, 2025 order, was untimely under OCGA § 5-6-38(a), which requires appeals to be filed within 30 days. The Court also clarified that a motion for reconsideration does not extend the time for filing an appeal and is not itself appealable.
Criminal defendants and their counsel in Georgia should note that strict compliance with the 30-day notice of appeal deadline is an absolute jurisdictional requirement. A motion for reconsideration does not toll or extend this deadline, and any party seeking to challenge a trial court order must file a timely notice of appeal within 30 days regardless of any pending reconsideration motion.
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April 9, 2026 Get Citation Alerts Download PDF Add Note
Jose Martin Islas v. State
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1495
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 09, 2026
The Court of Appeals hereby passes the following order:
A26A1495. JOSE MARTIN ISLAS v. THE STATE.
Jose Martin Islas was convicted of cruelty to children in the first degree and
related crimes. We affirmed the convictions on appeal. Islas v. State, Case No.
A25A0253 (Apr. 25, 2025). Islas filed a motion to correct void sentence, which the
trial court denied on October 16, 2025. He filed a motion for reconsideration of the
October 16 order, which the court denied on December 5, 2025. Islas filed a notice of
appeal on December 22, 2025. We lack jurisdiction.
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). The notice of appeal here, filed 67 days after entry of the October 16
order, is untimely as to that order. See OCGA § 5-6-38(a) (notice of appeal must be
filed within 30 days after entry of the order challenged). Further, the denial of a
motion for reconsideration is not itself appealable, and the filing of such a motion does
not extend the time for filing an appeal. See Bell v. Cohran, 244 Ga. App. 510, 510–11
(536 SE2d 187) (2000). Thus, the motion for reconsideration here did not extend the
time to appeal the October 16 order, and the denial of the motion for reconsideration
is not appealable. Accordingly, this appeal is hereby DISMISSED for lack of
jurisdiction.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/09/2026
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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