E. Marcellus Windhom v. State

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 02, 2026

The Court of Appeals hereby passes the following order:

A26A1534. E. MARCELLUS WINDHOM v. THE STATE.

E. Marcellus Windhom was convicted of armed robbery, and this Court
affirmed his conviction on appeal. Windhom v. State, 326 Ga. App. 212 (756 SE2d 296)
(2014). In September 2025, Windhom filed a motion for leave to file an out-of-time
motion for new trial. On November 19, 2025, the trial court issued an order dismissing
the motion. On February 12, 2026, Windhom filed a notice of appeal. We lack
jurisdiction because, pretermitting whether the trial court’s order is directly
appealable, the appeal is untimely. 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),
and the proper and timely filing of a notice of appeal is an absolute requirement to
confer jurisdiction upon this Court. Perry v. Paul Hastings, LLP, 362 Ga. App. 140, 141
(866 SE2d 855) (2021). Because the instant appeal was filed 85 days after entry of the
trial court’s order, it is untimely and is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/02/2026
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.