Tommy Ricardo Bowens v. State

• Court: Court of Appeals of Georgia
• Decided: August 4, 2017
• Docket: A18D0006
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 02, 2017

The Court of Appeals hereby passes the following order:

A18D0006. TOMMY RICARDO BOWENS v. THE STATE.

Tommy Ricardo Bowens pled guilty to possession of cocaine with intent to distribute and obstruction in November of 2016. Approximately two months later, Bowens filed a “Motion for an Out of Time Appeal.” The trial court denied the motion, and Bowens filed this timely application for discretionary appeal. The denial of a motion for an out-of-time appeal is directly appealable. Lunsford v. State, 237 Ga. App. 696, 696 (515 SE2d 198) (1999); see also Wetherington v. State, 296 Ga. 451 (769 SE2d 53) (2015) (addressing merits of direct appeal from denial of motion for out-of-time appeal following guilty plea). Accordingly, this application for discretionary appeal is hereby GRANTED pursuant to OCGA § 5-6-35 (j). Bowens shall have ten days from the date of this order to file his notice of appeal in the trial court. OCGA § 5-6-35 (g). The clerk of the trial court is directed to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/02/2017 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.