Opinion
A22A1279
10-18-2022
RICHARD S. BRYSON v. THE STATE.
The Court of Appeals hereby passes the following order:
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 S.E.2d 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 S.E.2d 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 S.E.2d 388) (2018). Accordingly, this appeal is hereby DISMISSED.