Richard S. Bryson v. State

• Court: Court of Appeals of Georgia
• Decided: October 18, 2022
• Docket: A22A1279
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 18, 2022

The Court of Appeals hereby passes the following order:

A22A1279. RICHARD S. BRYSON v. THE STATE.

In 2015, Richard S. Bryson pleaded guilty to two counts of aggravated child molestation, two counts of aggravated sexual battery, and one count of child molestation. In 2021, he filed a motion for an out-of-time appeal. The trial court dismissed the motion based on the Supreme Court’s recent holding in Cook v. State, 313 Ga. 471 (870 SE2d 758) (2022), and Bryson appeals. We, however, lack jurisdiction. In Cook, the Supreme Court determined that a trial court lacks authority to grant an out-of-time appeal. 313 Ga. at 506 (5). Bryson, therefore, “had no right to file a motion for an out-of-time appeal in the trial court; his remedy, if any, lies in habeas corpus.” Rutledge v. State, 313 Ga. 460, 461 (870 SE2d 720) (2022). Thus, the trial court correctly determined that it did not have jurisdiction to consider Bryson’s motion for an out-of-time appeal, and the court’s order dismissing the motion does not present a cognizable basis for an appeal. See Henderson v. State, 303 Ga. 241, 244 (2) (811 SE2d 388) (2018). Accordingly, this appeal is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/18/2022 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.