Baxter J. Douglas v. State

• Court: Court of Appeals of Georgia
• Decided: June 9, 2021
• Docket: A21D0353
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 09, 2021

The Court of Appeals hereby passes the following order:

A21D0353. BAXTER J. DOUGLAS v. THE STATE.

Baxter J. Douglas was charged with aggravated stalking, and he entered a guilty plea on May 3, 2016. It does not appear that Douglas appealed this plea. Douglas subsequently filed a motion for out-of-time appeal, which the superior court denied. Douglas then filed this application for discretionary appeal. An order denying a request for out-of-time appeal may be appealed directly when the criminal conviction at issue has not already undergone appellate review. See Romano v. State, 297 Ga. 497, 497 (775 SE2d 151) (2015). We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Douglas shall have ten days from the date of this order to file a notice of appeal with the superior court. If he has already filed a notice of appeal, he does not need to file another notice of appeal. The clerk of the superior court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/09/2021 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.