Johnny Johnson v. the State of Georgia ( 2023 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
December 12, 2023
The Court of Appeals hereby passes the following order:
A24A0655. JOHNNY JOHNSON v. THE STATE OF GEORGIA.
Johnny Johnson filed this direct appeal of the superior court’s order denying
his petition for removal from the sex offender registry under OCGA § 42-1-19.
However, OCGA § 5-6-35 (a) (5.2) provides that “[a]ppeals from decisions of
superior courts granting or denying petitions for release pursuant to Code Section
42-1-19” must be taken by application for discretionary appeal. “Compliance with the
discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human
Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Johnson’s failure to follow
the discretionary appeals procedure deprives us of jurisdiction over this appeal, which
is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
12/12/2023
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.