Background
Robert Alexander Bennett pleaded guilty to voluntary manslaughter and possession of a knife during the commission of a felony on April 19, 2024. The trial court sentenced him to 25 years in prison.
On December 12, 2025, Bennett filed a “Protective Notice of Appeal/Notice of Intent to Appeal.” He later filed a pro se motion seeking to quash, nullify, void, and vacate the case for lack of subject-matter and personal jurisdiction. The trial court denied that motion on February 2, 2026, and Bennett filed a notice of appeal from the denial on August 28, 2026.
The Court’s Holding
The Court of Appeals dismissed the appeal for lack of jurisdiction, without deciding whether Bennett otherwise was entitled to a direct appeal. Under OCGA § 5-6-38(a), a notice of appeal must be filed within 30 days after entry of the order being appealed, and timely filing is an absolute jurisdictional requirement.
Bennett’s December 12, 2025 notice was filed 602 days after the April 19, 2024 judgment of conviction and sentence. His August 28, 2026 notice was filed 207 days after the February 2, 2026 order denying his pro se motion. Because neither notice was timely as to the corresponding ruling, the appellate court lacked jurisdiction.
Key Takeaways
- A notice of appeal generally must be filed within 30 days after entry of the judgment or order being appealed.
- Timely filing of the notice is an absolute requirement for invoking the Court of Appeals’ jurisdiction.
- The court dismissed without reaching whether Bennett was otherwise entitled to pursue a direct appeal.
Why It Matters
The order underscores that Georgia appellate courts cannot consider an appeal when the applicable notice of appeal was filed outside the statutory 30-day period. Here, each notice was untimely as to the particular judgment or order from which review was sought.