James L. Wright v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 08, 2015

The Court of Appeals hereby passes the following order:

A15D0486. JAMES L. WRIGHT v. THE STATE.

In 2008, James L. Wright pled guilty to a criminal offense and was sentenced to 20 years, with 15 to serve in imprisonment. He subsequently filed a motion for out- of-time appeal and a motion to vacate for lack of subject matter jurisdiction. The trial court denied the motions, and Wright filed this application for discretionary appeal from both orders.

The denial of a motion for an out-of-time appeal is directly appealable.

Lunsford v. State, 237 Ga. App. 696 (515 SE2d 198) (1999); see also Wetherington v. State, __ Ga. __ (Case No. S14A1525, decided February 2, 2015) (addressing merits of direct appeal from denial of motion for out-of-time appeal following guilty plea). Accordingly, this application for discretionary appeal is hereby GRANTED pursuant to OCGA § 5-6-35 (j).1 Wright shall have ten days from the date of this order to file his notice of appeal in the trial court. OCGA § 5-6-35 (g). The clerk of the trial court is directed to include a copy of this order in the record transmitted to the Court of Appeals.

1 We note that OCGA § 5-6-34 (d) will permit Wright to also appeal from the denial of his motion to vacate.

Court of Appeals of the State of Georgia 07/08/2015

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.