Confesor Chaparro v. State

• Court: Court of Appeals of Georgia
• Decided: December 13, 2021
• Docket: A22A0592
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 13, 2021

The Court of Appeals hereby passes the following order:

A22A0592. CONFESOR CHAPARRO v. THE STATE.

In 2004, a jury found Confesor Chaparro guilty of four counts of aggravated child molestation, and we affirmed his convictions on direct appeal. See Chaparro v. State, 279 Ga. App. 145 (630 SE2d 645) (2006).1 Chaparro later filed a motion for out-of-time appeal in the trial court, which was denied in 2012. Then, in 2020, he filed another motion for out-of-time appeal. Chaparro filed this direct appeal from the denial of that motion. “An out-of-time appeal is a judicial creation that serves as the remedy for a frustrated right of appeal.” Kilgore v. State, 325 Ga. App. 874, 875 (1) (756 SE2d 9) (2014) (punctuation omitted). Where, as here, a defendant has already had a direct appeal, he is not entitled to an out-of-time appeal. See Richards v. State, 275 Ga. 190, 191 (563 SE2d 856) (2002) (“[T]here is no right to directly appeal the denial of a motion for out-of-time appeal filed by a criminal defendant whose conviction has been affirmed on direct appeal.”).

1 Since his conviction, Chaparro has filed numerous other appeals in this Court. See Case Nos. A08D0111 (Nov. 19, 2007); A08D0343 (May 2, 2008); A11A1862 (June 20, 2011); A14D0056 (Oct. 18, 2013); A17A2057 (July 21, 2017); A19D0224 (Dec.19, 2018); and A19A1643 (Apr. 10, 2019). Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/13/2021 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.