Brenton Hester v. State

• Court: Court of Appeals of Georgia
• Decided: December 11, 2025
• Docket: A26A0903
• Status: Published

Opinion

FOURTH DIVISION MCFADDEN, P. J., WATKINS and PADGETT, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

December 11, 2025

In the Court of Appeals of Georgia A26A0903. HESTER v. THE STATE.

MCFADDEN, Presiding Judge.

On October 23, 2025, Brenton Hester pled guilty to several felony offenses and

the trial court sentenced him to 15 years in confinement. He appeals from the entry

of the plea and sentence. We lack jurisdiction, so we dismiss the appeal.

In 2025, our General Assembly changed the way in which a defendant may

obtain appellate review of a guilty plea. “Effective May 14, 2025, the legislature

amended OCGA § 5-6-35(a), adding a new subsection (5.3), which requires ‘[d]irect

appeals from guilty pleas’ to be initiated by filing an application for discretionary

review.” Clark v. State, __ Ga. App. __ (2025), A25A2036, slip. op. at 1, n. 1 (Ga.

App. Dec. 5, 2025). So to appeal from his October 23, 2025 guilty plea and the sentence imposed

thereon, Hester was required to file an application for discretionary review. See

OCGA § 5-6-35(a)(5.3). He did not do so. Because compliance with the discretionary

appeals procedure of OCGA § 5-6-35 is jurisdictional, Hester’s failure to follow that

procedure deprives us of jurisdiction over this appeal, and we must dismiss it. See

Phaneuf v. Anthony, 375 Ga. App. 636, 638 (917 SE2d 191) (2025).

Appeal dismissed. Watkins and Padgett, JJ., concur.