Nichols v. State

• Decision Date: 21 February 2023
• Docket Number: A23A1052
• Parties: STEPHEN NICHOLS v. THE STATE.
• Court: Georgia Court of Appeals

STEPHEN NICHOLS v. THE STATE.

No. A23A1052

Court of Appeals of Georgia

February 21, 2023

The Court of Appeals hereby passes the following order:

A jury found Stephen Nichols guilty of multiple charges, including aggravated assault on a police officer, and his convictions were affirmed on appeal. See Nichols v. State, 363 Ga.App. 861 (873 S.E.2d 225) (2022). Thereafter, Nichols filed an extraordinary motion for new trial, which the trial court denied. Nichols then filed this appeal. We, however, lack jurisdiction.

An appeal from an order denying an extraordinary motion for a new trial must be made by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (7), (b); Davis v. State, 182 Ga.App. 736, 736-737 (356 S.E.2d 762) (1987). "Compliance with the discretionary appeals procedure is jurisdictional." Hair Restoration Specialists, Inc. v. State, 360 Ga.App. 901, 903 (862 S.E.2d 564) (2021) (citation and punctuation omitted). Nichol's failure to follow the discretionary appeals procedure thus deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED. See Davis, 182 Ga.App. at 737.