State of Georgia v. Dean F. Buschel

Court of Appeals
of the State of Georgia
ATLANTA,____________________
January 26, 2021
The Court of Appeals hereby passes the following order:
A21A0690. STATE OF GEORGIA v. DEAN F. BUSCHEL.
The State filed this direct appeal from the superior court’s order granting Dean
F. Buschel’s petition for removal from the sex offender registry under OCGA
§ 42-1-19. Buschel has filed a motion to dismiss the appeal.
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). The State’s failure to follow
the discretionary appeals procedure deprives us of jurisdiction over this appeal.
Accordingly, Buschel’s motion to dismiss is hereby GRANTED, and this appeal is
hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
01/26/2021
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.