Background
Paul Bettencourt was convicted of armed robbery, kidnapping, and aggravated sodomy. After the trial court denied his motion for new trial, he appealed, and the Court of Appeals affirmed his convictions.
In June 2026, Bettencourt moved to set aside his convictions for fraud under OCGA § 9-11-60(d). The trial court denied that motion on July 9, 2026. Bettencourt filed an application for discretionary appeal on August 26, 2026.
The Court’s Holding
The Court of Appeals dismissed the application because it lacked jurisdiction. A discretionary-appeal application must be filed within 30 days of the order being appealed, but Bettencourt filed his application 48 days after the trial court’s July 9 order.
The court also concluded that, based on the substance of Bettencourt’s filing, he was attempting to collaterally challenge his criminal convictions through an unauthorized procedure. A motion to set aside under the cited civil procedure provision is not an established method for challenging the validity of a criminal conviction.
Key Takeaways
- The 30-day deadline for a discretionary-appeal application is jurisdictional.
- A court considers the substance of a filing, not merely its label.
- A defendant cannot collaterally attack a criminal conviction through an unauthorized motion to set aside.
Why It Matters
The order underscores that Georgia appellate deadlines cannot be extended through an untimely discretionary-appeal application. It also reinforces that post-conviction challenges must use an authorized criminal procedure rather than a civil motion labeled as a motion to set aside.