Labarrion Harris v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ September 17, 2013

The Court of Appeals hereby passes the following order:

A14D0008. LABARRION HARRIS v. THE STATE.

Based on the sparse materials submitted with this application, it appears that LaBarrion Harris pled guilty to armed robbery and other crimes. He later filed a motion for an out-of-time appeal, which the trial court denied. Harris filed an application for discretionary appeal in the Supreme Court, which transferred the matter here.

An order denying a motion for out-of-time appeal may be appealed directly.

See, e.g., Ingram v. State, 300 Ga. App. 834 (686 SE2d 440) (2009); Lewis v. State, 300 Ga. App. 586 (685 SE2d 485) (2009). Accordingly, this application for discretionary appeal is GRANTED pursuant to OCGA § 5-6-35 (j). Harris 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 from the order at issue, 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 09/17/2013

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.