Opinion
A21D0353
06-09-2021
BAXTER J. DOUGLAS v. THE STATE.
The Court of Appeals hereby passes the following order:
Baxter J. Douglas was charged with aggravated stalking, and he entered a guilty plea on May 3, 2016. It does not appear that Douglas appealed this plea. Douglas subsequently filed a motion for out-of-time appeal, which the superior court denied. Douglas then filed this application for discretionary appeal.
An order denying a request for out-of-time appeal may be appealed directly when the criminal conviction at issue has not already undergone appellate review. See Romano v. State, 297 Ga. 497, 497 (775 S.E.2d 151) (2015). We will grant a timely discretionary application if the lower court's order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Douglas shall have ten days from the date of this order to file a notice of appeal with the superior court. If he has already filed a notice of appeal, he does not need to file another notice of appeal. The clerk of the superior court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.