Caleb Nathaniel Oliver v. State
CourtCourt of Appeals of Georgia
Date FiledJuly 27, 2026
DocketA26A2486
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 27, 2026
The Court of Appeals hereby passes the following order:
A26A2486. CALEB NATHANIEL OLIVER v. THE STATE.
After pleading guilty to obstruction of an officer and other offenses, Caleb
Nathaniel Oliver filed a motion to withdraw his guilty plea. The trial court denied the
motion on May 28, 2026 and Oliver filed a motion for reconsideration. The trial court
dismissed the motion for reconsideration on June 9, 2026, and Oliver filed a notice of
appeal on July 9, 2026. We, however, lack jurisdiction.
A notice of appeal must be filed within 30 days of entry of the judgment or trial
court order sought to be appealed. OCGA § 5-6-38(a). The proper and timely filing
of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this
Court. Kelly v. State, 311 Ga. 827, 828 (860 SE2d 740) (2021). Here, Oliver filed his
notice of appeal within 30 days of the dismissal of his motion for reconsideration. But
the filing of the motion for reconsideration did not extend the time for Oliver to appeal
the order denying his motion to withdraw his guilty plea, and the order denying
reconsideration is not appealable in its own right. See State v. White, 282 Ga. 859,
860(1) (655 SE2d 575) (2008). See also Savage v. Newsome, 173 Ga. App. 271, 271 (326
SE2d 5) (1985). Consequently, Oliver’s notice of appeal — filed 42 days after entry
of the order denying his motion to withdraw his guilty plea — is untimely. See OCGA
§ 5-6-38(a); White, 282 Ga. at 860 (1); Savage, 173 Ga. App. at 271.
Accordingly, we lack jurisdiction to consider this appeal, which is hereby
DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
07/27/2026
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.