Reginald Harvey v. State

Court of Appeals of Georgia

Reginald Harvey v. State

DecidedApril 1, 2026

DocketA26D0419

StatusPublished

This text of Reginald Harvey v. State (Reginald Harvey v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Reginald Harvey v. State, (Ga. Ct. App. 2026).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 01, 2026

The Court of Appeals hereby passes the following order:

A26D0419. REGINALD HARVEY v. THE STATE.

In 2016, Reginald Harvey was convicted of burglary and theft by taking and was sentenced as a recidivist to 25 years without parole. This Court affirmed Harvey’s convictions and in doing so, we rejected Harvey’s argument that the trial court erred in sentencing him as a recidivist. Harvey v. State, 344 Ga. App. 761, 773–74(3) (811 SE2d 479) (2018). Harvey has since filed several post-conviction challenges to his conviction and sentence, each of which was denied. In September 2025, Harvey filed a motion to correct his sentence alleging that he had been improperly sentenced as a recidivist, and therefore his sentence was void. The trial court denied that motion on December 30, 2025 and, seeking to appeal that order, Harvey filed the current application for discretionary appeal on March 10, 2026. We lack jurisdiction. A discretionary application must be filed within 30 days of the entry of the order, decision, or judgment sought to be appealed. OCGA § 5-6-35 (d). This statutory deadline is jurisdictional, and this Court cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d). Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). See also In the Interest of B. R. F., 299 Ga. 294, 298 (788 SE2d 416) (2016) (an appellate court lacks jurisdiction over an untimely application for discretionary appeal).

Harvey’s application, which was filed 70 days after entry of the order he seeks to appeal, is untimely. Consequently, we are without jurisdiction to consider the application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/01/2026 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ April 01, 2026

The Court of Appeals hereby passes the following order:

A26D0419. REGINALD HARVEY v. THE STATE.

In 2016, Reginald Harvey was convicted of burglary and theft by taking and was sentenced as a recidivist to 25 years without parole. This Court affirmed Harvey’s convictions and in doing so, we rejected Harvey’s argument that the trial court erred in sentencing him as a recidivist. Harvey v. State, 344 Ga. App. 761, 773–74(3) (811 SE2d 479) (2018). Harvey has since filed several post-conviction challenges to his conviction and sentence, each of which was denied. In September 2025, Harvey filed a motion to correct his sentence alleging that he had been improperly sentenced as a recidivist, and therefore his sentence was void. The trial court denied that motion on December 30, 2025 and, seeking to appeal that order, Harvey filed the current application for discretionary appeal on March 10, 2026. We lack jurisdiction. A discretionary application must be filed within 30 days of the entry of the order, decision, or judgment sought to be appealed. OCGA § 5-6-35 (d). This statutory deadline is jurisdictional, and this Court cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d). Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). See also In the Interest of B. R. F., 299 Ga. 294, 298 (788 SE2d 416) (2016) (an appellate court lacks jurisdiction over an untimely application for discretionary appeal).

Harvey’s application, which was filed 70 days after entry of the order he seeks to appeal, is untimely. Consequently, we are without jurisdiction to consider the application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/01/2026 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.

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Reginald Harvey v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reginald-harvey-v-state-gactapp-2026.

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