Levoski Williams v. State
CourtCourt of Appeals of Georgia
Date FiledJuly 20, 2026
DocketA26A2468
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 20, 2026
The Court of Appeals hereby passes the following order:
A26A2468. LEVOSKI WILLIAMS v. THE STATE.
In 2018, Levoski Williams entered guilty pleas in two underlying criminal cases,
and the trial court sentenced him accordingly. In 2026, Williams filed a pro se motion
for out-of-time appeal and for appointment of counsel in both cases, which the trial
court dismissed in a single order. Williams then filed this direct appeal. We, however,
lack jurisdiction.
In Cook v. State, 313 Ga. 471, 506(5) (870 SE2d 758) (2022), our Supreme Court
determined that a trial court lacks authority to grant an out-of-time appeal and that any
remedy involving an out-of-time appeal must be sought in habeas corpus. In response,
the legislature enacted OCGA § 5-6-39.1, which allows a defendant to seek out-of-time
relief if the defendant moves for leave to file an out-of-time motion for new trial or
notice of appeal within 100 days from the expiration of the time period for the filing
of such motion or notice, OCGA § 5-6-39.1(a)(1), or if the defendant had an
out-of-time motion or appeal dismissed under Cook. OCGA § 5-6-39.1(b). Here,
OCGA § 5-6-39.1 has no application as Williams neither filed his motion for leave to
file an out-of-time appeal within 100 days from the expiration of the time period for
filing an appeal nor had a prior motion or appeal dismissed under Cook.
As Williams has no right to an out-of-time appeal, this Court lacks jurisdiction
to consider his appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
07/20/2026
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.