Robert Alexander Bennett v. State
CourtCourt of Appeals of Georgia
Date FiledOctober 6, 2026
DocketA27A0439
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 06, 2026
The Court of Appeals hereby passes the following order:
A27A0439. ROBERT ALEXANDER BENNETT v. THE STATE.
On April 19, 2024, Robert Alexander Bennett pled guilty to voluntary
manslaughter and possession of a knife during the commission of a felony, and the trial
court sentenced him to 25 years’ imprisonment. On December 12, 2025, Bennett filed
a “Protective Notice of Appeal/Notice of Intent to Appeal.” On January 12, 2026,
Bennett filed a pro se “Motion to Quash, Nullify, Void and Vacate This Instant Case
for Lack of Subject Matter and Personal Jurisdiction.” On February 2, 2026, the trial
court issued an order denying the pro se motion. On August 28, 2026, Bennett filed
a notice of appeal of the February 2, 2026 order. We lack jurisdiction because,
pretermitting whether Bennett is entitled to a direct appeal, the appeal is untimely.
A notice of appeal must be filed within 30 days of entry of the order to be
appealed. OCGA § 5-6-38(a). The proper and timely filing of a notice of appeal is an
absolute requirement to confer jurisdiction upon this Court. Perry v. Paul Hastings,
LLP, 362 Ga. App. 140, 141 (866 SE2d 855) (2021). Here, Bennett’s December 12,
2025 notice of appeal is untimely as to the April 19, 2024 judgment of conviction and
sentence, because the notice was filed 602 days after entry of the judgment. And
Bennett’s August 28, 2026 notice of appeal is untimely as to the February 2, 2026
order denying his pro se motion, because the notice was filed 207 days after entry of
the order.
For the foregoing reasons, this appeal is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/06/2026
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.