---
title: O.C.G.A. § 38-2-1061. Withdrawal of appeal.
collection: code
id: 38-2-1061
cite_as: O.C.G.A. § 38-2-1061 (2025)
canonical_url: https://georgiacommons.org/code/38-2-1061
md_url: https://georgiacommons.org/code/38-2-1061.md
text_url: https://georgiacommons.org/code/38-2-1061/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=491
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/38-2.md
previous: https://georgiacommons.org/code/38-2-1060.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / MILITARY AFFAIRS / CODE OF MILITARY JUSTICE / REVIEW OF COURTS-MARTIAL
---

# O.C.G.A. § 38-2-1061. Withdrawal of appeal.

(a) In each case subject to appellate review under this article, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal shall be signed by both the accused and his or her defense counsel and shall be filed in accordance with appellate procedures as provided by law.

(b) The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.

## History

Code 1981, § 38-2-1061, enacted by Ga. L. 2015, p. 753, § 1/HB 98.