In Re: Brian Gamble ( 2016 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    February 11, 2016
    The Court of Appeals hereby passes the following order:
    A16A0842. IN RE: BRIAN GAMBLE.
    In this direct appeal, Brian Gamble seeks review of the superior court’s order
    denying his petition for release from the State Sexual Offender Registry under OCGA
    § 42-1-19. We lack jurisdiction.
    Appeals from orders of superior courts denying petitions for release under
    § 42-1-19 must be initiated by filing an application for discretionary review. OCGA
    § 5-6-35 (a) (5.2). Gamble’s failure to follow the discretionary appeal procedure
    deprives us of jurisdiction over this appeal. See Fabe v. Floyd, 
    199 Ga. App. 322
    ,
    332 (1) (405 SE2d 265) (1991) (“[C]ompliance with the discretionary appeals
    procedure is jurisdictional.”). Consequently, this appeal is hereby DISMISSED for
    lack of jurisdiction.
    Court of Appeals of the State of Georgia
    02/11/2016
    Clerk’s Office, Atlanta,____________________
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A16A0842

Filed Date: 2/18/2016

Precedential Status: Precedential

Modified Date: 2/18/2016