Background
In 2012, Terry Byrd pleaded guilty to aggravated sodomy and other offenses.
In November 2025, Byrd, proceeding pro se, moved for an out-of-time appeal and appointment of counsel under OCGA § 5-6-39.1. The trial court dismissed and/or denied the motion on November 5, 2025. Byrd filed his notice of appeal on January 15, 2026.
The Court’s Holding
The Court of Appeals of Georgia dismissed the appeal for lack of jurisdiction because Byrd’s notice of appeal was untimely.
A notice of appeal must be filed within 30 days after entry of the judgment or order being appealed, and a timely notice is required to confer appellate jurisdiction. Byrd filed his notice 71 days after the trial court’s order.
Key Takeaways
- A notice of appeal generally must be filed within 30 days of the appealed order.
- A timely notice of appeal is an absolute jurisdictional requirement.
- Because Byrd’s notice was filed 71 days after the order, the court could not reach the merits.
Why It Matters
The order underscores that appellate deadlines are jurisdictional in Georgia. Even a pro se request relating to an out-of-time appeal cannot proceed in the Court of Appeals without a timely notice of appeal from the trial court’s order.