CESAR AUGUSTO CORDON SOSA v. SOUTHEASTRANS, INC.
A25A0358
Ga. Ct. App.
Oct 1, 2024
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Opinion Summary

Facts

  1. Christopher Terry was identified by an undercover FBI agent for posting links to multiple videos containing child sexual-abuse material in 2021 [lines="21-23"].
  2. At the time of his arrest in July 2022, Terry possessed additional child pornography on his cellphone and thumb drive [lines="28-30"].
  3. He pled guilty to distribution and possession of child pornography, having two prior federal convictions related to child sex crimes [lines="33-39"].
  4. The probation officer calculated a total offense level of 41 based on Terry's criminal history, leading to a guidelines range of 360 to 720 months [lines="46-47"].
  5. The district court imposed a sentence of 327 months after considering multiple sentencing factors, emphasizing the severity of Terry's offenses and history [lines="81-89"].

Issues

  1. Whether the district court properly rejected Terry's request for a downward variance based on alleged flaws in the child-pornography guidelines [lines="98-102"].
  2. Whether Terry's sentence was substantively unreasonable due to excessive weight placed on certain sentencing factors over mitigating factors [lines="112-116"].

Holdings

  1. The district court adequately considered and provided reasons for rejecting Terry's arguments against the child-pornography guidelines, thus upholding the refusal for a downward variance [lines="108-110"].
  2. Terry's sentence was deemed substantively reasonable, with the court appropriately balancing the nature of the offenses and his personal history [lines="162"].

OPINION

Case Information

*1 Court of Appeals

of the State of Georgia

ATLANTA,____________________ October 01, 2024 The Court of Appeals hereby passes the following order:

A25A0358. CESAR AUGUSTO CORDON SOSA v. SOUTHEASTRANS,

INC. et al.

This civil action began in magistrate court. Following an adverse ruling, pro se plaintiff Cesar Sosa appealed to the superior court, which issued a final order in favor of the defendants. Sosa filed a notice of appeal, after which the superior court granted the defendants’ motion to dismiss the appeal. Sosa then filed this direct appeal from the order dismissing his appeal from the superior court’s final order. We lack jurisdiction.

Appeals from superior court decisions reviewing lower court decisions must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand , 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources , 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Sosa’s failure to follow the proper 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,____________________ 10/01/2024 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.