Opinion
A22A0704
12-21-2021
ORLIN AVILA-CASTELLANO v. THE STATE.
The Court of Appeals hereby passes the following order:
Orlin Avila-Castellano was convicted of burglary, armed robbery, and aggravated assault. Following the denial of his motion for new trial, Avila-Castellano appealed to this Court. We affirmed his convictions. Avila v. State, 322 Ga.App. 225 (744 S.E.2d 405) (2013). Avila-Castellano later filed an extraordinary motion for new trial, which the trial court denied. He then filed this direct appeal, but we lack jurisdiction.
An order denying an extraordinary motion for new trial must be appealed by discretionary application. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga.App. 327, 329 (489 S.E.2d 129) (1997). "Compliance with the discretionary appeals procedure is jurisdictional." Hair Restoration Specialists v. State of Ga., 360 Ga.App. 901, 903 (862 S.E.2d 564) (2021) (punctuation omitted). Avila-Castellano's failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.