Fredy Lopez v. State

• Court: Court of Appeals of Georgia
• Decided: December 7, 2022
• Docket: A22A1530
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 07, 2022

The Court of Appeals hereby passes the following order:

A22A1530. FREDY LOPEZ v. THE STATE.

In 2017, Fredy Lopez pled guilty to aggravated sodomy. Lopez did not file a timely appeal. Lopez filed a pro se motion for out-of-time appeal in July 2021, which he amended through counsel in January 2022. The trial court dismissed the motion for out-of-time appeal, and Lopez filed this appeal. In Cook v. State, 313 Ga. 471, 506 (5) (870 SE2d 758) (2022), the Supreme Court determined that a trial court lacks authority to grant an out-of-time appeal. Lopez, therefore, “had no right to file a motion for an out-of-time appeal in the trial court; his remedy, if any, lies in habeas corpus.” Rutledge v. State, 313 Ga. 460, 461 (870 SE2d 720) (2022). Thus, the trial court correctly determined that it did not have jurisdiction to grant Lopez’s motion for out-of-time appeal, and — pretermitting whether Lopez remained represented by counsel when he filed his notice of appeal, which would render the appeal a nullity — the trial court’s order dismissing the motion does not present a cognizable basis for an appeal. See Henderson v. State, 303 Ga. 241, 244 (2) (811 SE2d 388) (2018). Accordingly, this appeal is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/07/2022 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.