Court of Appeals of the State of Georgia ATLANTA,__________________ April 02, 2013 The Court of Appeals hereby passes the following order: A13I0169. DALE HEARD v. THE STATE.

Dale Heard filed this application for interlocutory appeal from the superior court’s order denying his motion to dismiss the indictment against him on the basis of OCGA § 16-1-8 (b) (1). The motion was, in substance, a denial of a motion for a plea in bar on double jeopardy grounds, asserting that the crime for which he is indicted should have been charged in a former prosecution of another crime. Such an order is directly appealable. See Patterson v. State, 248 Ga. 875 (287 SE2d 7) (1982); Miller v. State, 204 Ga. App. 562, 563 (420 SE2d 12) (1992). 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. See Spivey v. Hembree, 268 Ga. App. 485, 486 n. 1 (602 SE2d 246) (2004). It appears that Heard has not filed a notice of appeal; therefore, the application is hereby GRANTED. Heard 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 04/02/2013 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.