Raymond Jones v. State

Court of Appeals
of the State of Georgia

ATLANTA,____________________
June 08, 2026

The Court of Appeals hereby passes the following order:

A26D0531. RAYMOND JONES v. THE STATE.

In April 2026, Jones filed a motion for leave to file an out-of-time appeal from
his July 2024 guilty plea. The trial court dismissed that motion, and Jones filed this
application for discretionary appeal. We 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 became effective on May
14, 2025. This statute allows defendants 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 motion or appeal
dismissed under Cook. OCGA § 5-6-39.1(b).
As the trial court correctly concluded, neither subsection of OCGA § 5-6-39.1
applies to this case. Jones did not file 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 did he
have his motion or appeal dismissed under Cook.
For these reasons, this Court lacks jurisdiction over this appeal, which is hereby
DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
06/08/2026
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.