Josiah Achee v. State

Court of Appeals
of the State of Georgia

ATLANTA,____________________
June 22, 2026

The Court of Appeals hereby passes the following order:

A26A2238. JOSIAH ACHEE v. THE STATE.

On March 18, 2026, while represented by counsel, Josiah Achee pled guilty to
rape and contributing to the delinquency of a minor. He later filed a pro se notice of
appeal and motion to withdraw the guilty plea.1 The trial court entered an order
exercising its discretion to recognize the pro se pleadings as valid even though Achee
was still formally represented by counsel. However, the court concluded that the filing
of the notice of appeal deprived it of jurisdiction to rule on the motion to withdraw the
plea, and it ordered the record transmitted to this Court for appellate review. We lack
jurisdiction.
Our General Assembly recently amended OCGA § 5-6-35 so that a direct appeal
from a guilty plea entered on or after May 14, 2025, must “be initiated by filing an
application for discretionary review.” Clark v. State, 378 Ga. App. 111, 111 n.1 (924
SE2d 346) (2025); OCGA § 5-6-35(a)(5.3). “Compliance with the discretionary
appeals procedure is jurisdictional.” Phaneuf v. Anthony, 375 Ga. App. 636, 638 (917
SE2d 191) (2025). But even if Achee had filed a discretionary application, his motion
to withdraw his guilty plea remains pending below. Accordingly, to obtain review of
his guilty plea and sentence at this juncture, Achee needed to comply with the
interlocutory appeals procedure, including obtaining a certificate of immediate review
from the trial court. See OCGA § 5-6-34(b); Boyd v. State, 191 Ga. App. 435, 435 (383

1
The superior court clerk’s file-stamp does not indicate the time each
document was filed, so we do not know which was filed first.
SE2d 906) (1989). See also Joseph v. Ingram, 321 Ga. 559, 563–64 (915 SE2d 877)
(2025) (holding that the pendency of a motion to withdraw a guilty plea would render
a habeas petition premature).
For these reasons, we lack jurisdiction to consider this appeal at this juncture.
Accordingly, it is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
06/22/2026
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.