HESTER v. STATE (2025)

On October 23, 2025, Brenton Hester pled guilty to several felony offenses and the trial court sentenced him to 15 years in confinement. He appeals from the entry of the plea and sentence. We lack jurisdiction, so we dismiss the appeal.

In 2025, our General Assembly changed the way in which a defendant may obtain appellate review of a guilty plea. “Effective May 14, 2025, the legislature amended OCGA § 5-6-35(a), adding a new subsection (5.3), which requires ‘[d]irect appeals from guilty pleas’ to be initiated by filing an application for discretionary review.” Clark v. State, ––– Ga. App. ––––, ––––, n. ––––, ––– S.E.2d ––––, 2025 WL 3493978 (2025), A25A2036, slip. op. at 1, n. 1 (Ga. App. Dec. 5, 2025).

So to appeal from his October 23, 2025 guilty plea and the sentence imposed thereon, Hester was required to file an application for discretionary review. See OCGA § 5-6-35(a)(5.3). He did not do so. Because compliance with the discretionary appeals procedure of OCGA § 5-6-35 is jurisdictional, Hester's failure to follow that procedure deprives us of jurisdiction over this appeal, and we must dismiss it. See Phaneuf v. Anthony, 375 Ga. App. 636, 638, 917 S.E.2d 191 (2025).

Appeal dismissed.

McFadden, Presiding Judge.

Watkins and Padgett, JJ., concur.