Justin Udi v. State

• Court: Court of Appeals of Georgia
• Decided: January 16, 2024
• Docket: A24D0199
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 16, 2024

The Court of Appeals hereby passes the following order:

A24D0199. JUSTIN UDI v. THE STATE.

Justin Udi filed a motion to seal records after the completion of his first offender sentence. The trial court denied the motion to seal, and Udi filed the instant application. As a threshold matter, no provision of the discretionary application statute applies to the trial court’s order. See OCGA § 5-6-35 (a). An order denying a request to seal records is directly appealable. See Austin v. State, 343 Ga. App. 118 (807 SE2d 1) (2017). See also Hayes v. State, 355 Ga. App. 213 (843 SE2d 875) (2020). This Court will grant a timely discretionary application if the lower court’s ruling is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Udi 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. See Wannamaker v. Carr, 257 Ga. 634, 635 (1) (362 SE2d 53) (1987). 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 Clerk’s Office, Atlanta,____________________ 01/16/2024 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.