Background
In 2017, Ramon Mims pleaded guilty to two counts each of armed robbery and kidnapping.
Proceeding without counsel, Mims moved for an out-of-time appeal on June 10, 2026. The trial court dismissed that motion on June 15, 2026. Mims filed his notice of appeal on September 29, 2026.
The Court’s Holding
The Court of Appeals dismissed the appeal for lack of jurisdiction because Mims’s notice of appeal was untimely. Georgia law requires a notice of appeal within 30 days after entry of the order being appealed.
Mims filed his notice 106 days after the trial court entered its order dismissing his motion for an out-of-time appeal. A timely notice of appeal is required to give the appellate court jurisdiction.
Key Takeaways
- A notice of appeal must be filed within 30 days of the appealed order.
- An untimely notice of appeal deprives the Court of Appeals of jurisdiction.
- The court dismissed Mims’s appeal without reaching the merits of his request for an out-of-time appeal.
Why It Matters
The order underscores that appellate deadlines are jurisdictional in Georgia. Even a pro se litigant’s appeal cannot proceed when the notice of appeal is filed outside the statutory period.