La'conte Akins v. State - Case Dismissed

GA Court of Appeals Opinions

Filed March 11th, 2026

Detected March 11th, 2026

Summary

The Court of Appeals of Georgia dismissed the case of La'conte Akins v. State. The dismissal was based on two grounds: the appellant's failure to meet the statutory requirements for an out-of-time appeal and the untimely filing of the notice of appeal.

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What changed

The Court of Appeals of Georgia has dismissed the appeal filed by La'conte Akins in the case La'conte Akins v. State, docket number A26A1442. The court cited two primary reasons for the dismissal: first, Akins did not meet the criteria outlined in OCGA § 5-6-39.1 for seeking an out-of-time appeal, as he neither filed within 100 days of the expiration of the appeal period nor had a prior motion dismissed under the specified case law. Second, the notice of appeal was filed 31 days after the trial court's order denying the motion for an out-of-time appeal, exceeding the 30-day limit mandated by OCGA § 5-6-38(a), thus depriving the appellate court of jurisdiction.

This ruling signifies that the appellate court will not review the merits of Akins' case due to procedural deficiencies. For legal professionals and criminal defendants, this reinforces the critical importance of adhering strictly to appellate filing deadlines and statutory requirements for out-of-time appeals. Failure to do so will result in the dismissal of the appeal, as demonstrated in this case, with no further recourse to the appellate court on the substantive issues.

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March 11, 2026 Get Citation Alerts Download PDF Add Note

La'conte Akins v. State

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1442
Disposition: Dismissed
Opinion
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Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

                                     ATLANTA,____________________
                                              March 11, 2026

The Court of Appeals hereby passes the following order:

A26A1442. LA’CONTE AKINS v. THE STATE.

  On August 22, 2022, La’Conte Akins pled guilty to two counts of armed

robbery. In 2025, Akins filed a motion for an out-of-time appeal, which the trial court
denied on January 26, 2026. Akins filed a notice of appeal from this ruling on February
26, 2026. We lack jurisdiction for two reasons.
First, Akins is not entitled to an out-of-time appeal. Under OCGA § 5-6-39.1,
a defendant may seek out-of-time relief if (1) the defendant moves for leave to file an
out-of-time motion for new trial or notice of appeal within 100 days from the
expiration of the time period for the filing of such motion or notice, or (2) the
defendant had an out-of-time motion or appeal dismissed under Cook v. State, 313 Ga.
471, 506(5) (870 SE2d 758) (2022). Because Akins neither filed a motion for out-of-
time appeal within 100 days of the expiration of time in which to file such a motion nor
had a motion for out-of-time appeal dismissed under Cook, OCGA § 5-6-39.1 has no
application.
Second, Akins’ notice of 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 appellate jurisdiction on this Court. Perlman v. Perlman, 318 Ga.
App. 731, 739(4) (734 SE2d 560) (2012). Because Akins’ notice of appeal was filed 31
days after entry of the trial court’s order, we lack jurisdiction to consider his appeal.
Under these circumstances, we lack jurisdiction to consider this appeal, which
is hereby DISMISSED.

                                     Court of Appeals of the State of Georgia
                                       Clerk’s Office, Atlanta,____________________
                                                                   03/11/2026
                                                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.