Donald Leon Adams, Jr. v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 29, 2019

The Court of Appeals hereby passes the following order:

A19D0473. DONALD LEON ADAMS, JR. v. THE STATE.

It appears from the application materials submitted in this case that a jury found Donald Leon Adams, Jr., guilty of driving under the influence and reckless driving. Adams filed a motion for new trial and/or judgment notwithstanding the verdict, which the trial court denied. Adams then filed this application for discretionary appeal from the trial court’s order denying his motion. However, an order denying a motion for new trial is directly appealable. Martin v. Williams, 263 Ga. 707, 708 (1) (438 SE2d 353) (1994). We therefore GRANT Adams’s application for discretionary review under OCGA § 5-6-35 (j). Adams shall have 10 days from the date of this order to file his notice of appeal with the state court. If, however, he has already filed a notice of appeal, he need not file a second notice. The clerk of the state court is DIRECTED to include a copy of this order in the record transmitted to this Court.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/29/2019 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.