Olin Usher v. State

Opinion

Court of Appeals of the State of Georgia

May 16, 2014

ATLANTA,__________________

The Court of Appeals hereby passes the following order:

A14A1605. OLIN USHER v. THE STATE.

In 2000, Olin Usher was convicted of armed robbery and other crimes. W e affirmed his convictions on appeal. Usher v. State, 258 Ga. App. 459 (574 SE2d 580) (2002). Usher later filed a motion for out-of-time appeal. The trial court denied the motion, and he appeals. Because Usher has already had a direct appeal, he is not entitled to an out-of-time appeal. See Simmons v. State, 276 Ga. 525, 526 n.2 (579 SE2d 735) (2003) (“The denial of a motion for out-of-time appeal is directly appealable when the criminal conviction at issue has not been the subject of direct appeal.”); Jackson v. State, 273 Ga. 320 (540 SE2d 612) (2001) (defendant “not entitled to another bite at the apple by way of a second appeal.”). This appeal is therefore DISMISSED. See Jackson, supra.

Court of Appeals of the State of Georgia 05/16/2014

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.