Rico Antwon Curry v. State

Court of Appeals of Georgia

Rico Antwon Curry v. State

DecidedAugust 21, 2019

DocketA20A0017

StatusPublished

This text of Rico Antwon Curry v. State (Rico Antwon Curry v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rico Antwon Curry v. State, (Ga. Ct. App. 2019).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 05, 2019

The Court of Appeals hereby passes the following order:

A20A0017. RICO ANTWON CURRY v. THE STATE.

In 1994, Rico Antwon Curry was convicted of armed robbery and aggravated assault and sentenced to life in prison. This Court affirmed his convictions on direct appeal. Curry v. State, 217 Ga. App. 623 (458 SE2d 385) (1995). In May 2019, Curry filed a pro se motion for leave to file an out-of-time appeal. The trial court denied the motion, and Curry filed this direct appeal. However, we lack jurisdiction. “An out-of-time appeal is a judicial creation that serves as the remedy for a frustrated right of appeal.” (Citation omitted.) Kilgore v. State, 325 Ga. App. 874, 875 (1) (756 SE2d 9) (2014). Because Curry has had a direct appeal, he is not entitled to an out-of-time appeal. See Richards v. State, 275 Ga. 190, 191 (563 SE2d 856) (2002) (“[T]here is no right to directly appeal the denial of a motion for out-of- time appeal filed by a criminal defendant whose conviction has been affirmed on direct appeal.”). Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/05/2019 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ August 05, 2019

The Court of Appeals hereby passes the following order:

A20A0017. RICO ANTWON CURRY v. THE STATE.

In 1994, Rico Antwon Curry was convicted of armed robbery and aggravated assault and sentenced to life in prison. This Court affirmed his convictions on direct appeal. Curry v. State, 217 Ga. App. 623 (458 SE2d 385) (1995). In May 2019, Curry filed a pro se motion for leave to file an out-of-time appeal. The trial court denied the motion, and Curry filed this direct appeal. However, we lack jurisdiction. “An out-of-time appeal is a judicial creation that serves as the remedy for a frustrated right of appeal.” (Citation omitted.) Kilgore v. State, 325 Ga. App. 874, 875 (1) (756 SE2d 9) (2014). Because Curry has had a direct appeal, he is not entitled to an out-of-time appeal. See Richards v. State, 275 Ga. 190, 191 (563 SE2d 856) (2002) (“[T]here is no right to directly appeal the denial of a motion for out-of- time appeal filed by a criminal defendant whose conviction has been affirmed on direct appeal.”). Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/05/2019 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.

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Rico Antwon Curry v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rico-antwon-curry-v-state-gactapp-2019.

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