Court of Appeals of the State of Georgia ATLANTA, September 19, 2012 The Court of Appeals hereby passes the following order A13D0016. DEREK LEROY MCSMITH v. THE STATE.

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

LC NUMBERS: 2010CR03390

Court of Appeals of the State of Georgia Clerk's Office, Atlanta, September 19, 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.