Opinion
A22D0425
07-11-2022
EDUARDO S. CASTILLANOS v. THE STATE.
The Court of Appeals hereby passes the following order:
Eduardo S. Castillanos was convicted and did not file a timely appeal.Castillanos filed a pro se motion for out-of-time appeal, which the trial court dismissed. Castillanos has filed this application for discretionary review of the trial court's order. We lack jurisdiction.
Castillanos's application materials do not state the nature of his conviction.
In Cook v. State, 313 Ga. 471, 506 (5) (870 S.E.2d 758) (2022), the Supreme Court determined that a trial court lacks authority to grant an out-of-time appeal.Castillanos, 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 S.E.2d 720) (2022). Thus, the trial court correctly determined that it did not have jurisdiction to grant Castillanos's motion for out-of-time appeal, and the trial 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 S.E.2d 388) (2018). Accordingly,this application is hereby DISMISSED.