Marchello Calik Lewis v. State

• Court: Court of Appeals of Georgia
• Decided: January 8, 2019
• Docket: A19A0875
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 20, 2018

The Court of Appeals hereby passes the following order:

A19A0875. MARCHELLO CALIK LEWIS v. THE STATE.

Marchello Calik Lewis filed this direct appeal following the trial court’s grant of an out-of-time appeal. An appeal has already been docketed from the same order.1 See Case No. A19A0789. Accordingly, this appeal is duplicative, and it is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/20/2018 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 Lewis filed a premature notice of appeal before the trial court entered its written order granting the out-of-time appeal. After the trial court entered its order, Lewis filed a second notice of appeal. The first notice of appeal was deemed “ripened” after entry of the trial court’s order. See Berrien v. State, 300 Ga. 489, 491 n. 2 (796 SE2d 718) (2017). Lewis was thus not required to file a second notice of appeal.