Gary Andrew McMillan v. State
CourtCourt of Appeals of Georgia
Date FiledSeptember 16, 2026
DocketA27A0209
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
September 16, 2026
The Court of Appeals hereby passes the following order:
A27A0209. GARY ANDREW MCMILLAN v. THE STATE.
Gary Andrew McMillan entered a negotiated guilty plea to misdemeanor
possession of a false identification document on February 2, 2026.1 On February 27,
2026, he filed this direct appeal. We, however, lack jurisdiction.
Effective May 14, 2025, “[d]irect appeals from guilty pleas” must be initiated
by filing an application for discretionary review. OCGA § 5-6-35(a)(5.3), (b); Ga. L.
2025, pp. 621, 623, §§ 1-2, 4-2. See also Clark v. State, 378 Ga. App. 111, 111 n.1 (924
SE2d 346) (2025). Compliance with the discretionary appeals procedure is
jurisdictional. Hester v. State, 378 Ga. App. 121, 121 (924 SE2d 457) (2025).
Consequently, McMillan’s failure to comply with the discretionary review procedure
deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
09/16/2026
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.
1
McMillan was also charged with one count each of impersonating an officer
and conspiracy to commit theft by taking, but the trial court entered an order of nolle
prosequi as to those counts.