In Re: Brian Gamble

• Court: Court of Appeals of Georgia
• Decided: February 18, 2016
• Docket: A16A0842
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 11, 2016

The Court of Appeals hereby passes the following order:

A16A0842. IN RE: BRIAN GAMBLE.

In this direct appeal, Brian Gamble seeks review of the superior court’s order denying his petition for release from the State Sexual Offender Registry under OCGA § 42-1-19. We lack jurisdiction. Appeals from orders of superior courts denying petitions for release under § 42-1-19 must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (5.2). Gamble’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this appeal. See Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991) (“[C]ompliance with the discretionary appeals procedure is jurisdictional.”). Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 02/11/2016 Clerk’s Office, Atlanta,____________________ 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.