Walter L. Dooley, Jr. v. State
CourtCourt of Appeals of Georgia
Date FiledSeptember 2, 2026
DocketA27D0075
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
September 02, 2026
The Court of Appeals hereby passes the following order:
A27D0075. WALTER J. DOOLEY, JR. v. THE STATE.
In February 2026, Walter Dooley, Jr. pleaded guilty to trafficking, obstruction
of an officer, and driving with an suspended license. Dooley filed a motion to
withdraw guilty plea, which the trial court denied on June 25, 2026. Proceeding pro
se, Dooley filed the instant application for discretionary appeal on August 14, 2026.
We, however, lack jurisdiction.
The denial of a motion to withdraw a guilty plea is directly appealable.1 See, e.g.,
Smith v. State, 283 Ga. 376 (659 SE2d 380) (2008). Ordinarily, when a party has a
right of direct appeal and files an application for discretionary appeal, we will grant the
application. See OCGA § 5-6-35 (j). However, the application for a discretionary
appeal must be filed within 30 days of the order being appealed. See OCGA § 5-6-35
(d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot
accept an application for appeal not made in compliance therewith. Boyle v. State, 190
Ga. App. 734, 734 (380 SE2d 57) (1989). Here, Dooley filed his application 50 days
after entry of the order he seeks to appeal. Given that the application is untimely, we
are without jurisdiction to consider it.
1
OCGA § 5-6-35(a)(5.3), which requires the filing of an application for
discretionary review to appeal from a guilty plea, does not apply to appeals from
orders denying motions to withdraw guilty pleas. See Peoples v. State, 378 Ga. App.
740, 741 n.1 (927 SE2d 351) (2026).
Accordingly, this application is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
09/02/2026
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.