Thomas Marshall v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,_________________ June 29, 2012

The Court of Appeals hereby passes the following order:

A12D0429. THOMAS MARSHALL v. THE STATE.

Thomas Marshall seeks to appeal the trial court’s order denying his motions for out of time appeal and to withdraw his guilty plea. An order denying a motion to withdraw a guilty plea and an order denying a motion for an out of time appeal are both directly appealable orders. See, e.g., McKiernan v. State, 286 Ga. 756 (692 SE2d 340) (2010); Lunsford v. State, 237 Ga. App. 696 (515 SE2d 198) (1999).

When a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Marshall shall have 10 days from the date of this order to file a notice of appeal with the trial court. The trial court is instructed to include a copy of this order in the appellate record.

Court of Appeals of the State of Georgia 06/29/2012

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.