Opinion
A22A1105
04-14-2022
DWAYNE COTTON v. THE STATE.
The Court of Appeals hereby passes the following order:
After entering a guilty plea, Dwayne Cotton filed a motion for an out-of-time appeal. The trial court denied the motion, and Cotton filed this appeal. The State has filed a "motion to dismiss appeal," which, in substance, requests that we vacate the trial court's order and remand with instructions to dismiss the motion.
In Cook v. State, the Supreme Court determined that a trial court lacks authority to grant an out-of-time appeal. Cook v. State, __Ga.__, __ (5) (Case No. S21 A1 270, decided March 15, 2022). Cotton, 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, __Ga.__, __ (Case No. S21A1036, decided March 15, 2022). Rather than denying Cotton's motion, the trial court should have dismissed it. See id. Accordingly, the State's motion is GRANTED, the trial court's order denying the motion for an out-of-time appeal is hereby VACATED, and this case is hereby REMANDED to the trial court, which is DIRECTED to enter an order dismissing the motion for an out-of-time appeal.