Joseph Q. Boone v. State

Court of Appeals
of the State of Georgia

ATLANTA,____________________
May 07, 2026

The Court of Appeals hereby passes the following order:

A26A1871. JOSEPH Q. BOONE v. THE STATE.

Following a jury trial, Joseph Q. Boone was convicted of criminal attempt to
commit child molestation, trafficking of a person for sexual servitude, computer
pornography, obscene Internet contact with a child, and criminal attempt to commit
sexual exploitation of a child. On appeal from the denial of Boone’s motion for a new
trial, this Court reversed his convictions for obscene Internet contact with a child and
criminal attempt to commit sexual exploitation of a child, and affirmed the remaining
convictions. Boone v. State, 371 Ga. App. 207 (899 SE2d 811) (2024).1 In December
2025, Boone filed a motion for leave to file an out-of-time motion for a new trial. The
trial court dismissed that motion, and Boone filed this direct appeal. We lack
jurisdiction.
In Cook v. State, 313 Ga. 471, 506(5) (870 SE2d 758) (2022), the Supreme Court
of Georgia 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 became effective on May
14, 2025. This statute allows for defendants to seek out-of-time relief if (1) 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, or (2) the defendant had an out-of-time motion or appeal dismissed
under Cook. OCGA § 5-6-39.1(b). However, OCGA § 5-6-39.1(b) does not apply

1
The remittitur was filed in the trial court on April 8, 2024.
here, as Boone did not file his motion for out-of-time motion for new trial within 100
days from the expiration of the time period for filing a motion for new trial, nor did he
have his motion or appeal dismissed under Cook.
Moreover, the remedies under OCGA § 5-6-39.1 are not available to Boone
because he has already had a direct appeal. Richards v. State, 275 Ga. 190, 191 (563
SE2d 856) (2002) (a criminal defendant whose conviction has been affirmed on direct
appeal has no right of direct appeal from the denial of a motion for an out-of-time
appeal); see also Milliken v. Stewart, 276 Ga. 712, 713 (583 SE2d 30) (2003). Instead,
such a defendant “may gain further appellate review of the judgment of conviction by
filing an extraordinary motion for new trial or a petition for writ of habeas corpus.”
Richards, 275 Ga. at 192 n.1.
For the above reasons, this Court lacks jurisdiction over this appeal, which is
hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/07/2026
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.