Background
Leetavious Favors pleaded guilty in April 2025 to armed robbery and numerous other offenses. He later filed a pro se motion to withdraw his guilty plea.
The trial court dismissed that motion on August 26, 2025. Favors filed his notice of appeal on October 20, 2025, 55 days after the dismissal order.
The Court’s Holding
The Court of Appeals dismissed the appeal for lack of jurisdiction because Favors did not file his notice of appeal within 30 days of the order he sought to challenge, as required by OCGA § 5-6-38(a).
The court noted that Favors could pursue a direct appeal from the order dismissing his motion to withdraw his plea. But the timely filing of a notice of appeal is an absolute jurisdictional requirement, and his filing was untimely.
Key Takeaways
- A notice of appeal generally must be filed within 30 days of the appealed order.
- An untimely notice of appeal deprives the Court of Appeals of jurisdiction.
- An appeal from an order denying or dismissing a motion to withdraw a guilty plea is distinct from a direct appeal from the guilty plea itself.
Why It Matters
The decision underscores that appellate deadlines are jurisdictional in Georgia criminal cases. Even where a defendant has a permissible route to appeal an order concerning a guilty plea, failure to file within the statutory period requires dismissal.