Tyson T. White v. State

Court of Appeals
of the State of Georgia

ATLANTA,____________________
June 08, 2026

The Court of Appeals hereby passes the following order:

A26A2041. TYSON T. WHITE v. THE STATE.

In May 2022, Tyson T. White pleaded guilty to incest, aggravated sexual
battery, aggravated assault, two counts of child molestation, and cruelty to children
in the first degree. In June 2023, White filed an extraordinary motion to withdraw his
guilty plea, which the trial court denied on October 6, 2024. In January 2026, White
filed a motion for leave to file an out-of-time appeal, pursuant to OCGA § 5-6-39.1.
The trial court denied his motion, and White has filed a notice of appeal. We lack
jurisdiction.
In Cook v. State, 313 Ga. 471, 506(5) (870 SE2d 758) (2022), the Supreme Court
of Georgia 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 for defendants to seek out-of-time relief if (1) 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, or (2) the defendant had an out-of-time motion or appeal dismissed
under Cook.
Here, OCGA § 5-6-39.1 does not apply to White because he neither filed a
motion for out-of-time appeal within 100 days from the expiration of the time period
for filing a notice of appeal nor had a motion for out-of-time appeal dismissed under
Cook. Accordingly, White is not entitled to out-of-time relief, and this appeal 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.