Kurt Alan Thomas v. State - Appeal Dismissed

GA Court of Appeals Opinions

Filed February 25th, 2026

Detected February 27th, 2026

Summary

The Court of Appeals of Georgia dismissed Kurt Alan Thomas's direct appeal from his guilty plea and sentence. The dismissal was due to Thomas's failure to initiate the appeal by filing an application for discretionary review, as required by a recent amendment to OCGA § 5-6-35.

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What changed

The Court of Appeals of Georgia dismissed the direct appeal filed by Kurt Alan Thomas in case A26A1304. The dismissal was based on Thomas's failure to comply with the jurisdictional requirement of filing an application for discretionary review for appeals from guilty pleas entered on or after May 14, 2025, as mandated by OCGA § 5-6-35(a)(5.3). Thomas had pleaded guilty to 11 counts of invasion of privacy and was sentenced to 15 years.

This ruling clarifies that failure to follow the discretionary appeals procedure is a jurisdictional defect. Legal professionals representing clients who have entered guilty pleas on or after the specified date must ensure compliance with the application for discretionary review process to maintain appellate jurisdiction. Non-compliance will result in dismissal of the appeal.

What to do next

Ensure all direct appeals from guilty pleas entered on or after May 14, 2025, are initiated by filing an application for discretionary review.
Review internal procedures for handling appeals from guilty pleas to ensure compliance with OCGA § 5-6-35.

Source document (simplified)

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Feb. 25, 2026 Get Citation Alerts Download PDF Add Note

Kurt Alan Thomas v. State

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1304
Disposition: Dismissed
Opinion
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Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
February 25, 2026

The Court of Appeals hereby passes the following order:

A26A1304. KURT ALAN THOMAS v. THE STATE.

On November 12, 2025, Kurt Alan Thomas pleaded guilty to 11 counts of
invasion of privacy. The trial court sentenced him to 15 years, with the first three years
to be served in confinement and the balance on probation. Thomas 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, __ Ga. App. _, 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, Thomas’s failure to comply with the discretionary
appeals procedure deprives us of jurisdiction over this appeal, which is hereby
DISMISSED. Hester v. State, _ Ga. App. __ (924 SE2d 457) (2025).

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/25/2026
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.