Richard Andrew Carne v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 14, 2026

The Court of Appeals hereby passes the following order:

A26A2395. RICHARD ANDREW CARNE v. THE STATE.

In April 2026, Richard Andrew Carne pleaded guilty to making terroristic threats, for which he was sentenced to five years of probation. Carne then filed a pro se notice of appeal, seeking a direct appeal from his plea and sentence. We, however, lack jurisdiction.

Our General Assembly recently amended OCGA § 5-6-35 so that any direct appeal from a guilty plea entered on or after May 14, 2025, must “be initiated by filing an application for discretionary review.” Clark v. State, 378 Ga. App. 111, 111 n.1 (924 SE2d 346) (2025); OCGA § 5-6-35(a)(5.3). Compliance with the discretionary appeals procedure is jurisdictional. Hester v. State, 378 Ga. App. 121, 121 (924 SE2d 457) (2025). Consequently, Carne’s failure to comply with the discretionary appeals procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/14/2026

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.