Background
Fernando Bennefield pleaded guilty on September 15, 2025, to first-degree burglary and second-degree criminal damage to property. The trial court sentenced him to four years in prison.
On October 20, 2025, Bennefield, acting without counsel, moved to withdraw his guilty pleas. The trial court denied that motion on March 10, 2026. Bennefield then filed a pro se notice of appeal on April 27, 2026, seeking review of his convictions and sentence.
The Court’s Holding
The Court of Appeals dismissed the appeal for lack of jurisdiction. Because Bennefield sought a direct appeal from guilty pleas entered after the May 14, 2025 effective date of OCGA § 5-6-35(a)(5.3), he was required to begin appellate review by filing an application for discretionary review rather than a notice of direct appeal.
The court also held that the appeal was untimely. The notice of appeal was filed more than 200 days after the judgment of conviction and sentence. Even if construed as appealing the denial of the plea-withdrawal motion, it was filed 48 days after that order—beyond the 30-day deadline.
Key Takeaways
- A direct appeal from a guilty plea must proceed through Georgia’s discretionary-review application process.
- Failure to use the required discretionary-appeal procedure deprives the Court of Appeals of jurisdiction.
- A notice of appeal filed more than 30 days after the relevant judgment or order is untimely and cannot confer appellate jurisdiction.
Why It Matters
The order underscores that Georgia’s 2025 change to the appellate procedure for guilty-plea cases is jurisdictional. Litigants seeking review of a guilty plea must use the discretionary-review process.
It also illustrates that a later motion to withdraw a plea does not preserve an otherwise late appeal: any appeal from the denial of that motion must independently be filed within 30 days.