Johnny Johnson v. the State of Georgia

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, 

 (

) (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.