Opinion
A22A1475
06-09-2022
JUHWON SIMMONS v. THE STATE.
The Court of Appeals hereby passes the following order:
After pleading guilty in 2016 to two counts of trafficking of persons for sexual servitude and two counts of pimping for person under 18, Juhwon Simmons filed a motion for out-of-time appeal in 2021. In March 2022, the trial court dismissed the motion for lack of jurisdiction, and Simmons filed this appeal.
In Cooky. State, the Supreme Court determined that a trial court lacks authority to grant an out-of-time appeal. Cook v. State, 313 Ga. 471, 506 (5) (870 S.E.2d 758) (2022). Simmons, 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 consider Simmons's motion for out-of-time appeal, and the 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.