Reginald Harvey v. State - Criminal Appeal Dismissed

GA Court of Appeals Opinions

Filed April 1st, 2026

Detected April 1st, 2026

Summary

The Georgia Court of Appeals dismissed Reginald Harvey's discretionary application as untimely. The application was filed 70 days after the trial court's December 30, 2025 order denying his post-conviction motion to correct his sentence, exceeding the 30-day jurisdictional deadline under OCGA § 5-6-35(d). The court dismissed the application for lack of jurisdiction without addressing the underlying merits of his recidivist sentencing challenge.

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What changed

The Court of Appeals dismissed Reginald Harvey's discretionary application as untimely. Harvey sought to appeal the December 30, 2025 denial of his post-conviction motion to correct an allegedly improper recidivist sentence, but his application was filed 70 days after that order. Under OCGA § 5-6-35(d), discretionary applications must be filed within 30 days of the order sought to be appealed, and this deadline is jurisdictional. The court applied this deadline strictly and dismissed the application.

Criminal defendants and their counsel should note that the 30-day deadline for discretionary appeals is strictly enforced and jurisdictional. An untimely application will be dismissed regardless of the underlying merits. Defendants filing post-conviction motions should calendar any appeal deadline immediately upon entry of the order and account for the 30-day window when planning litigation strategy.

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April 1, 2026 Get Citation Alerts Download PDF Add Note

Reginald Harvey v. State

Court of Appeals of Georgia

Citations: None known
Docket Number: A26D0419
Disposition: Discretionary Application Dismissed
Opinion
Authorities (3)
Cited By (0)
Summaries (0)
Similar Cases (0)
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Disposition

Discretionary Application Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 01, 2026

The Court of Appeals hereby passes the following order:

A26D0419. REGINALD HARVEY v. THE STATE.

In 2016, Reginald Harvey was convicted of burglary and theft by taking and was
sentenced as a recidivist to 25 years without parole. This Court affirmed Harvey’s
convictions and in doing so, we rejected Harvey’s argument that the trial court erred
in sentencing him as a recidivist. Harvey v. State, 344 Ga. App. 761, 773–74(3) (811
SE2d 479) (2018). Harvey has since filed several post-conviction challenges to his
conviction and sentence, each of which was denied. In September 2025, Harvey filed
a motion to correct his sentence alleging that he had been improperly sentenced as a
recidivist, and therefore his sentence was void. The trial court denied that motion on
December 30, 2025 and, seeking to appeal that order, Harvey filed the current
application for discretionary appeal on March 10, 2026. We lack jurisdiction.
A discretionary application must be filed within 30 days of the entry of the
order, decision, or judgment sought to be appealed. OCGA § 5-6-35 (d). This
statutory deadline is jurisdictional, and this Court cannot accept an application for
appeal not made in compliance with OCGA § 5-6-35 (d). Boyle v. State, 190 Ga. App.
734, 734 (380 SE2d 57) (1989). See also In the Interest of B. R. F., 299 Ga. 294, 298
(788 SE2d 416) (2016) (an appellate court lacks jurisdiction over an untimely
application for discretionary appeal).

Harvey’s application, which was filed 70 days after entry of the order he seeks to
appeal, is untimely. Consequently, we are without jurisdiction to consider the
application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/01/2026
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.