Opinion
A22A1530
12-07-2022
FREDY LOPEZ v. THE STATE
The Court of Appeals hereby passes the following order:
In 2017, Fredy Lopez pled guilty to aggravated sodomy. Lopez did not file a timely appeal. Lopez filed a pro se motion for out-of-time appeal in July 2021, which he amended through counsel in January 2022. The trial court dismissed the motion for out-of-time appeal, and Lopez filed this appeal.
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. Lopez, 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 Lopez's motion for out-of-time appeal, and - pretermitting whether Lopez remained represented by counsel when he filed his notice of appeal, which would render the appeal a nullity - 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 appeal is hereby DISMISSED.