Opinion
A22A1427
06-13-2022
JOSE VALDEZ-RODRIGUEZ v. THE STATE.
The Court of Appeals hereby passes the following order:
In 2017, Jose Valdez-Rodriguez was convicted of trafficking methamphetamine and other crimes. Valdez-Rodriguez did not file a timely appeal. In January 2019, Valdez-Rodriguez filed a motion for out-of-time appeal, which the trial court granted. Valdez-Rodriguez then filed a motion for new trial. In March 2022, the trial court entered an order dismissing the entire matter for lack of jurisdiction, effectively dismissing the motion for out-of-time appeal and motion for new trial, and Valdez-Rodriguez 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, 313 Ga. 471, 506 (5) (870 S.E.2d 758) (2022). Valdez-Rodriguez, 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 Valdez-Rodriguez's motion for new trial, and the court's order dismissing the motions 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.