Cyril Ramsley v. State

• Court: Court of Appeals of Georgia
• Decided: May 1, 2019
• Docket: A19A1543
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 01, 2019

The Court of Appeals hereby passes the following order:

A19A1543. CYRIL RAMSLEY v. THE STATE.

Cyril Ramsley was convicted by jury of rape, armed robbery, and kidnapping with bodily injury. We affirmed his convictions on direct appeal. See Ramsley v. State, A09A1237 (June 4, 2009). In 2017, Ramsley filed a motion for an out-of-time appeal, which the trial court denied. Ramsley then filed this direct appeal. We, however, lack jurisdiction. “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). Because Ramsley already has 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.”). Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/01/2019 I certif y 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.