Court of Appeals of the State of Georgia ATLANTA,_________________ June 14, 2012 The Court of Appeals hereby passes the following order: A12D0412. HUYNH HUNG v. THE STATE.

Huynh Hung filed this application for discretionary appeal to challenge the trial court’s order denying his motion in arrest of judgment. See OCGA § 17-9-61 (b).

The Supreme Court has made clear, however, that the denial of a motion in arrest of judgment – even if untimely – may be appealed directly. See Lay v. State, 289 Ga. 210, 212 (2) (710 SE2d 141) (2011).

This Court will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Hung shall have 10 days from the date of this order to file a notice of appeal with the trial court. If, however, he has already filed a notice of appeal, he need not file a second notice. The clerk of the trial court is directed to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia 06/14/2012 Clerk’s Office, Atlanta,_________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.