Opinion
A22D0019
08-19-2021
BRENTREZ JARMYKUS MCPHERSON v. THE STATE.
The Court of Appeals hereby passes the following order:
In 2013, Brentrez Jarmykus McPherson pleaded guilty to multiple offenses, including attempted rape. In 2021, he filed a motion for out-of-time appeal, which the trial court denied. McPherson then filed this timely application for discretionary appeal. The trial court's order, however, appears to be directly appealable.
The denial of a motion for out-of-time appeal is directly appealable when the conviction at issue has not been the subject of a direct appeal. See English v. State, 307 Ga.App. 544, 545 n.4 (705 S.E.2d 667) (2010), overruled in part on other grounds by Collier v. State, 307 Ga. 363, 378 (834 S.E.2d 769) (2019); Lunsford v. State, 237 Ga.App. 696, 696 (515 S.E.2d 198) (1999). We will grant a timely filed application for discretionary appeal if the lower court's order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED, and McPherson shall have ten days from the date of this order to file a notice of appeal in the trial court. If he has already filed a timely notice of appeal in the trial court, he need not file a second notice. The clerk of the trial court is directed to include a copy of this order in the appeal record transmitted to this Court.