Kevin D. Wilkins v. State

• Court: Court of Appeals of Georgia
• Decided: May 20, 2026
• Docket: A26A1933
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 20, 2026

The Court of Appeals hereby passes the following order:

A26A1933. KEVIN D. WILKINS v. THE STATE.

Kevin D. Wilkins, who has been charged with burglary and other crimes, is in jail while awaiting trial. His attorney filed a motion for bond, which the trial court denied. Wilkins then filed a pro se notice of appeal. Pretermitting whether Wilkins is entitled to file a pro se notice of appeal while represented by counsel, we lack jurisdiction. Appeals generally may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below[.]” OCGA § 5-6-34 (a) (1) (B). Here, the order Wilkins seeks to appeal is not a final judgment as the case remains pending in the trial court. Consequently, he was required to use the interlocutory appeal procedure — including obtaining a timely certificate of immediate review from the trial court — in order to appeal. See OCGA § 5-6-34 (b); Mullinax v. State, 271 Ga. 112, 112 (1) (515 SE2d 839) (1999). Wilkins’ failure to comply with the interlocutory appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/20/2026 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.