Theodore Leonard Roberson v. State

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 17, 2026

The Court of Appeals hereby passes the following order:

A26A1462. THEODORE LEONARD ROBERSON v. THE STATE.

Theodore Roberson pled guilty to one count of terroristic threats on August 7,
2025. On January 13, 2026, Roberson filed a direct appeal to this Court. We, however,
lack jurisdiction.
First, Roberson’s appeal is untimely. A notice of appeal must be filed within 30
days of entry of the judgment or trial court order sought to be appealed. OCGA §
5-6-38(a). The proper and timely filing of a notice of appeal is an absolute requirement
to confer jurisdiction upon this Court. Yanes v. Escobar, 362 Ga. App. 896, 898 (870
SE2d 506) (2022). Here, Roberson did not file his notice of appeal until 159 days after
his guilty plea.
Second, a direct appeal from a guilty plea must come by discretionary
application. See OCGA § 5-6-35(a)(5.3); Hester v. State, 378 Ga. App. 121, 121 (924
SE2d 457) (2025). Compliance with the discretionary appeals procedure is
jurisdictional. Phaneuf v. Anthony, 375 Ga. App. 636, 638 (917 SE2d 191) (2025).
For these reasons, Roberson’s appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/17/2026
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.