Gregory Bryant v. State

• Court: Court of Appeals of Georgia
• Decided: March 29, 2022
• Docket: A22A1086
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 29, 2022

The Court of Appeals hereby passes the following order:

A22A1086. BRYANT v. THE STATE.

In 2021, Gregory Bryant filed a second motion for an out-of-time appeal in connection with his 2003 guilty plea to voluntary manslaughter and aggravated assault.1 The trial court dismissed the motion, and Bryant filed this appeal. The State moves to dismiss this appeal. In Cook v. State, the Supreme Court determined that a trial court lacks authority to grant an out-of-time appeal. Cook v. State, ___ Ga. ___, ___ (5) (Case No. S21A1270, decided March 15, 2022). Bryant, therefore, “had no right to file a motion for an out-of-time appeal in the trial court.” Rutledge v. State, ___ Ga. ___, ___ (Case No. S21A1036, decided March 15, 2022). Accordingly, the State’s motion to dismiss this appeal is GRANTED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/29/2022 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.

1 Bryant filed his initial motion for an out-of-time appeal in 2018. The trial court denied the motion, and this Court affirmed.