Opinion
A22A1152
03-29-2022
ERIC HIXSON v. THE STATE.
After entering a guilty plea, Eric Hixson filed a motion for an out-of-time appeal. The trial court denied the motion, and Hixson filed this appeal.
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. S21A1270, decided March 15, 2022). Hixson, 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 Hixson's motion, the trial court should have dismissed it. See id. Accordingly, the trial court's order denying the motion for out-of-time appeal is hereby VACATED and this appeal is hereby REMANDED to the trial court, which is DIRECTED to enter an order dismissing the motion for out-of-time appeal.