Richard Marvin Smith v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 01, 2022

The Court of Appeals hereby passes the following order:

A23A0392. SMITH v. THE STATE.

The above-referenced appeal was docketed with this Court on September 27,

2022. Pursuant to Court of Appeals Rule 23 (a), Appellant’s brief was due to be filed

on or before October 17, 2022. The deadline has since passed, and Appellant has not

sought an extension of time in which to file his brief. Accordingly, this appeal is

hereby DISMISSED. See Court of Appeals Rule 23 (a).

We also instruct Smith as follows: Your appeal has been DISMISSED because

your attorney failed to timely file a brief and enumeration of errors. If you have

decided you do not want to appeal, you need not do anything more. However, if you

believe you were unconstitutionally deprived of your right to an appeal, you may be

able to pursue relief for that claim, as well as any other claims alleging deprivation

of your constitutional rights in the proceedings that resulted in your conviction, by

way of a petition for writ of habeas corpus. See OCGA § 9-14-41 et seq. You should

be aware, however, of the restrictions that may apply to such habeas corpus filings, including the time deadlines provided by OCGA § 9-14-42 (c) and the limitation on

successive petitions provided by OCGA § 9-14-51.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/01/2022 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.