William Stroble v. State

Court of Appeals of Georgia

William Stroble v. State

DecidedJune 24, 2026

DocketA26A2297

StatusPublished

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William Stroble v. State, (Ga. Ct. App. 2026).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 24, 2026

The Court of Appeals hereby passes the following order:

A26A2297. WILLIAM STROBLE v. THE STATE.

In 2015, William Stroble pled guilty to aggravated child molestation. In December 2025, Stroble filed a motion for out-of-time appeal, which the trial court dismissed.1 Stroble then filed this appeal. We, however, lack jurisdiction. In Cook v. State, 313 Ga. 471, 506(5) (870 SE2d 758) (2022), our Supreme Court determined that a trial court lacks authority to grant an out-of-time appeal and that any remedy involving an out-of-time appeal must be sought in habeas corpus. In response, the legislature enacted OCGA § 5-6-39.1, which allows a defendant to seek out-of-time relief if the defendant moves for leave to file an out-of-time motion for new trial or notice of appeal within 100 days from the expiration of the time period for the filing of such motion or notice, OCGA § 5-6-39.1(a), or if the defendant had an out-of-time

1 Williams previously attempted to appeal the denial of a motion to withdraw a guilty plea, but his appeal was dismissed for failure to file a brief. See Case No. A24A1852 (Sept. 10, 2024). motion or appeal dismissed under Cook. OCGA § 5-6-39.1(b). Here, OCGA § 5-6-39.1 has no application as Stroble neither filed his motion for leave to file an out-of-time appeal within 100 days from the expiration of the time period for filing an appeal nor had a prior motion or appeal dismissed under Cook. As Stroble has no right to an out-of-time appeal, this Court lacks jurisdiction to consider his appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/24/2026 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,____________________ June 24, 2026

The Court of Appeals hereby passes the following order:

A26A2297. WILLIAM STROBLE v. THE STATE.

In 2015, William Stroble pled guilty to aggravated child molestation. In December 2025, Stroble filed a motion for out-of-time appeal, which the trial court dismissed.1 Stroble then filed this appeal. We, however, lack jurisdiction. In Cook v. State, 313 Ga. 471, 506(5) (870 SE2d 758) (2022), our Supreme Court determined that a trial court lacks authority to grant an out-of-time appeal and that any remedy involving an out-of-time appeal must be sought in habeas corpus. In response, the legislature enacted OCGA § 5-6-39.1, which allows a defendant to seek out-of-time relief if the defendant moves for leave to file an out-of-time motion for new trial or notice of appeal within 100 days from the expiration of the time period for the filing of such motion or notice, OCGA § 5-6-39.1(a), or if the defendant had an out-of-time

1 Williams previously attempted to appeal the denial of a motion to withdraw a guilty plea, but his appeal was dismissed for failure to file a brief. See Case No. A24A1852 (Sept. 10, 2024). motion or appeal dismissed under Cook. OCGA § 5-6-39.1(b). Here, OCGA § 5-6-39.1 has no application as Stroble neither filed his motion for leave to file an out-of-time appeal within 100 days from the expiration of the time period for filing an appeal nor had a prior motion or appeal dismissed under Cook. As Stroble has no right to an out-of-time appeal, this Court lacks jurisdiction to consider his appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/24/2026 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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William Stroble v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-stroble-v-state-gactapp-2026.

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