Full Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ September 14, 2026 The Court of Appeals hereby passes the following order: A27A0291. ADONIS MCKISIC v. THE STATE. A jury found Adonis McKisic guilty of robbery and battery, and we affirmed the denial of his motion for a new trial in May 2026. See McKisic v. State, 379 Ga. App. 656 (930 SE2d 853) (2026). In June 2026, McKisic filed a pro se motion for an out-of- time motion for a new trial, which the trial court denied. McKisic then filed this pro se direct appeal. We lack jurisdiction. Out-of-time appeals and out-of-time motions for a new trial are governed by OCGA § 5-6-39.1. These procedures serve as remedies for a frustrated right of appeal. See Kilgore v. State, 325 Ga. App. 874, 875(1) (756 SE2d 9) (2014). Because McKisic has already had a direct appeal from the denial of his motion for a new trial, he is not entitled to an out-of-time motion for a new trial or to appeal the denial of his motion for an out-of-time motion for a new trial. See generally Richards v. State, 275 Ga. 190, 191 (563 SE2d 856) (2002) (“[T]here is no right to directly appeal the denial of a motion for out-of-time appeal filed by a criminal defendant whose conviction has been affirmed on direct appeal.”); Jackson v. State, 273 Ga. 320, 320 (540 SE2d 612) (2001) (a defendant “is not entitled to another bite at the apple by way of a second appeal”). To the extent that McKisic’s June 2026 motion sought to vacate or modify his convictions, “a petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case,” Harper v. State, 286 Ga. 216, 218(1) (686 SE2d 786) (2009), and any appeal from an order denying or dismissing such a motion must be dismissed, see id. at 218(2). See also Roberts v. State, 286 Ga. 532, 532 (690 SE2d 150) (2010). Accordingly, this appeal is hereby DISMISSED. See Roberts, 286 Ga. at 532; Harper, 286 Ga. at 218(2); Richards, 275 Ga. at 191–92. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/14/2026 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.