Jimmy Gooden, Jr. v. State

• Court: Court of Appeals of Georgia
• Decided: September 30, 2022
• Docket: A23A0264
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 30, 2022

The Court of Appeals hereby passes the following order:

A23A0264. JIMMY GOODEN, JR. v. THE STATE.

Jimmy Gooden, Jr., was convicted of forcible rape, incest, terroristic threat, and simple battery. He filed a motion for new trial, which the trial court denied, and this Court affirmed his conviction on appeal. Gooden v. State, 316 Ga. App. 12 (728 SE2d 693) (2012). Gooden subsequently filed an extraordinary motion for new trial, which the trial court dismissed. Gooden then filed this direct appeal.1 We lack jurisdiction. An order denying or dismissing an extraordinary motion for new trial must be appealed by application for discretionary review. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Gooden’s failure to follow the requisite appellate procedure deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/30/2022 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.

1 Gooden also filed an application for discretionary review of the order on his extraordinary motion for new trial, which has been docketed in this Court as Case No. A23D0048.