Court of Appeals of the State of Georgia ATLANTA,__________________ October 30, 2012 The Court of Appeals hereby passes the following order: A13I0066. ADAM FUNK v. THE STATE.

Adam Funk filed this application for interlocutory appeal from the superior court’s order denying his Plea in Abatement based upon OCGA § 17-7-53.1. Such an order is directly appealable. Langlands v. State, 282 Ga. 103, 104 (1) (646 SE2d 253) (2007) (“order overruling a plea in bar based on . . . OCGA § 17-7-53.1 is directly appealable”).

This Court will grant a timely application for interlocutory appeal if the order is subject to direct appeal and the applicant has not otherwise filed a timely notice of appeal. Spivey v. Hembree, 268 Ga. App. 485, 486 n. 1 (602 SE2d 246) (2004). It appears that Funk has not filed a notice of appeal; therefore, the application is hereby GRANTED. Funk shall have ten days from the date of this order to file a notice of appeal in the superior court. The clerk of the superior court is directed to include a copy of this order in the record transmitted to this Court.

Court of Appeals of the State of Georgia 10/30/2012 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.