Donta Q. Johnson v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 15, 2016

The Court of Appeals hereby passes the following order:

A17D0148. DONTA Q. JOHNSON v. THE STATE.

Donta Q. Johnson filed this application for discretionary appeal from the trial court’s “Order Denying Motion Request for Disbursement of Indigent Funds; to Effectuate the Right of Appeal by Constitutional Standards; and for Continuance to the October Hearing.” It appears from the sparse application materials that the challenged order is final, and no provision of OCGA § 5-6-35, the discretionary appeal statute, appears to apply here. We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED, and Johnson shall have ten days from the date of this order to file a notice of appeal with the trial court. If he has already filed a notice of appeal in the trial court, he need not file a second notice. The clerk of the trial 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 11/15/2016 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.