Jones v. State

SUPREME COURT OF GEORGIA
Case No. S26A0151

October 8, 2025

The Honorable Supreme Court met pursuant to adjournment.

The following order was passed:

ROBIN JONES v. THE STATE.

In April 2022, Robin Jones filed a motion for out-of-time appeal
from the judgment of conviction entered on his guilty plea in 1986.
The superior court dismissed Jones’s motion pursuant to Cook v.
State, 313 Ga. 471 (2022). This Court then dismissed Jones’s appeal
from that dismissal order as it did not present a cognizable basis for
appeal. See Jones v. State, S22A1216 (Aug. 9, 2022). Since that time,
the General Assembly enacted OCGA § 5-6-39.1(b), which became
effective May 14, 2025. Under this statute, a defendant whose
motion seeking an out-of-time appeal was dismissed under Cook has
the right to move for leave to file an out-of-time notice of appeal until
June 30, 2026.1

1 Specifically, this statute provides:

In a criminal case, after a judgment of conviction, a defendant
whose motion for new trial or notice of appeal was dismissed based
upon the Supreme Court’s decision in Cook v. State, 313 Ga. 471
(2022), and its progeny, shall have the right to move for leave to
file an out-of-time motion for new trial or notice of appeal until
June 30, 2026, pursuant to subsection (a) of this Code section. Any
filing made pursuant to this subsection shall not be subject to the
100-day time limitation in subsection (a) of this Code section.
On July 21, 2025, Jones filed a new motion for leave to file an
out-of-time appeal. The superior court dismissed Jones’s motion,
again citing Cook rather than analyzing the motion under the
framework laid out in OCGA § 5-6-39.1(b). Jones timely appealed
from the superior court’s dismissal order, seeking remand for a
hearing pursuant to OCGA § 5-6-39.1(b). The State agrees that a
remand is appropriate and has now moved to vacate the superior
court’s order and remand this case for further proceedings
consistent with OCGA § 5-6-39.1(b). Because the superior court
failed to conduct the proper analysis of Jones’s motion, we hereby
GRANT the motion to vacate the superior court’s dismissal order
and remand this case to the superior court for reconsideration of
Jones’s motion in light of OCGA § 5-6-39.1(b).

Judgment vacated and case remanded. All the Justices concur.

SUPREME COURT OF THE STATE OF GEORGIA
Clerk’s Office, Atlanta

I certify that the above is a true extract from the
minutes of the Supreme Court of Georgia.
Witness my signature and the seal of said court hereto
affixed the day and year last above written.

, Clerk

2