Court of Appeals of the State of Georgia ATLANTA, July 31, 2012 The Court of Appeals hereby passes the following order A12D0452. XAVIER MIDDLETON v. THE STATE.

Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.

LC NUMBERS: SU09CR028

Court of Appeals of the State of Georgia Clerk's Office, Atlanta, July 31, 2012.

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.