Roberson v. State - Appeal Dismissed

GA Court of Appeals Opinions

Filed March 17th, 2026

Detected March 18th, 2026

Summary

The Georgia Court of Appeals dismissed the appeal of Theodore Leonard Roberson in case A26A1462. The dismissal was based on the appeal being untimely and not filed via the proper discretionary application process following a guilty plea.

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What changed

The Georgia Court of Appeals has dismissed the appeal filed by Theodore Leonard Roberson in case A26A1462. The court found that Roberson's notice of appeal, filed 159 days after his guilty plea on August 7, 2025, was untimely as it exceeded the 30-day limit stipulated by OCGA § 5-6-38(a). Furthermore, the court noted that a direct appeal from a guilty plea requires a discretionary application, as per OCGA § 5-6-35(a)(5.3), which was not followed.

This decision means that Roberson's appeal will not be heard on its merits by the Court of Appeals. Legal professionals representing defendants who have entered guilty pleas should ensure strict adherence to the procedural requirements for filing appeals, including timeliness and the correct application process, to avoid dismissal and preserve their clients' appellate rights. Failure to comply with these jurisdictional requirements will result in the denial of appellate review.

What to do next

Ensure all notices of appeal are filed within the 30-day statutory limit.
Verify that appeals from guilty pleas are filed via discretionary application as required by OCGA § 5-6-35(a)(5.3).

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March 17, 2026 Get Citation Alerts Download PDF Add Note

Theodore Leonard Roberson v. State

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1462
Disposition: Dismissed
Opinion
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Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 17, 2026

The Court of Appeals hereby passes the following order:

A26A1462. THEODORE LEONARD ROBERSON v. THE STATE.

Theodore Roberson pled guilty to one count of terroristic threats on August 7,
2025. On January 13, 2026, Roberson filed a direct appeal to this Court. We, however,
lack jurisdiction.
First, Roberson’s appeal is untimely. 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 upon this Court. Yanes v. Escobar, 362 Ga. App. 896, 898 (870
SE2d 506) (2022). Here, Roberson did not file his notice of appeal until 159 days after
his guilty plea.
Second, a direct appeal from a guilty plea must come by discretionary
application. See OCGA § 5-6-35(a)(5.3); Hester v. State, 378 Ga. App. 121, 121 (924
SE2d 457) (2025). Compliance with the discretionary appeals procedure is
jurisdictional. Phaneuf v. Anthony, 375 Ga. App. 636, 638 (917 SE2d 191) (2025).
For these reasons, Roberson’s appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/17/2026
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.