Reginald Harvey v. State

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 01, 2026

The Court of Appeals hereby passes the following order:

A26D0419. REGINALD HARVEY v. THE STATE.

In 2016, Reginald Harvey was convicted of burglary and theft by taking and was
sentenced as a recidivist to 25 years without parole. This Court affirmed Harvey’s
convictions and in doing so, we rejected Harvey’s argument that the trial court erred
in sentencing him as a recidivist. Harvey v. State, 344 Ga. App. 761, 773–74(3) (811
SE2d 479) (2018). Harvey has since filed several post-conviction challenges to his
conviction and sentence, each of which was denied. In September 2025, Harvey filed
a motion to correct his sentence alleging that he had been improperly sentenced as a
recidivist, and therefore his sentence was void. The trial court denied that motion on
December 30, 2025 and, seeking to appeal that order, Harvey filed the current
application for discretionary appeal on March 10, 2026. We lack jurisdiction.
A discretionary application must be filed within 30 days of the entry of the
order, decision, or judgment sought to be appealed. OCGA § 5-6-35 (d). This
statutory deadline is jurisdictional, and this Court cannot accept an application for
appeal not made in compliance with OCGA § 5-6-35 (d). Boyle v. State, 190 Ga. App.
734, 734 (380 SE2d 57) (1989). See also In the Interest of B. R. F., 299 Ga. 294, 298
(788 SE2d 416) (2016) (an appellate court lacks jurisdiction over an untimely
application for discretionary appeal).

Harvey’s application, which was filed 70 days after entry of the order he seeks to
appeal, is untimely. Consequently, we are without jurisdiction to consider the
application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/01/2026
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.