Kevin Dale Wilkins v. State
CourtCourt of Appeals of Georgia
Date FiledOctober 28, 2026
DocketA27D0224
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 28, 2026
The Court of Appeals hereby passes the following order:
A27D0224. KEVIN DALE WILKINS v. THE STATE.
Kevin Wilkins was found guilty of theft by taking and sentenced to five years,
with forty days to serve in custody and the remainder on probation. Wilkins file a
motion to vacate a void sentence in this Court, which was docketed as a discretionary
application for appeal. However the filing is understood, we lack jurisdiction.
If Wilkins’ filing is treated as it is styled, that is, as a motion to vacate a void
sentence, Wilkins has no right to file in this Court a direct challenge to his convictions
and/or sentence. Rather, he may only challenge a lower court’s ruling on such a
motion. See Wilshin v. State, 289 Ga. App. 683, 684–85(3) (658 SE2d 224) (2008)
(explaining that the function of an appellate court “is to correct errors of law by a
lower court” and “we lack original jurisdiction and do not address substantive issues
other than for purposes of reviewing a lower court’s ruling”); Austin v. State, 286 Ga.
App. 149, 155(3)(e) n.6 (648 SE2d 414) (2007) (“This Court exists solely as a
reviewing court, with no original jurisdiction, for the purpose of correcting errors of
law in lower tribunals.”).
Alternatively, if Wilkins’ filing is treated as a discretionary application, we
would lack jurisdiction because the filing is untimely. A discretionary application must
be filed within 30 days following entry of the order sought to be appealed. OCGA §
5-6-35(d); Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). This deadline
is jurisdictional, and this Court cannot accept an application for appeal not made in
compliance with the statute. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57)
(1989). Here, Wilkins filed his documents in this Court over two years after the
sentence which he seeks to appeal. We therefore lack jurisdiction over this application
for discretionary appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/28/2026
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.