Brandon Coker v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,_________________ May 10, 2012

The Court of Appeals hereby passes the following order:

A12A1467. COKER v. THE STATE.

This appeal was docketed on March 23, 2012, such that appellant Brandon

Coker’s brief was due on April 12, 2012. See Rule 23 (a) (appellant’s brief must be

filed within 20 days of docketing). As of April 16, however, Coker had neither filed

a brief nor asked for an extension of time to do so. We therefore DISMISS this

appeal. Id. (failure to file a timely brief, “unless extended upon motion for good

cause shown, may result in the dismissal of the appeal”).

We also instruct Coker as follows: Your appeal has been DISMISSED because

you failed to file a brief and enumeration of errors. If you have decided you do not

want to appeal, you need not do anything more. However, if you do still want to

appeal, you may have the right to an OUT-OF-TIME APPEAL -- but YOU MUST

TAKE ACTION to exercise that right by moving for an out-of-time appeal in the trial

court. If your motion for an out-of-time appeal is granted, the trial court should

appoint an attorney for you if you want one and cannot pay for one. If your motion

for an out-of-time appeal is denied, you may appeal that denial to this Court within thirty (30) days of the trial court’s decision. See Reese v. State, 216 Ga. App. 773,

775 (456 SE2d 271) (1995).

Court of Appeals of the State of Georgia 05/10/2012 Clerk’s Office, Atlanta,_________________ 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.