Court of Appeals of the State of Georgia ATLANTA,____________________ March 12, 2015 The Court of Appeals hereby passes the following order: A15D0285. FREDERICO ANDRES ESPINAL v. THE STATE.

Frederico Andres Espinal pled guilty to trafficking in cocaine. He later filed a motion for out-of-time appeal, which the trial court denied.1 Espinal then filed this timely application for discretionary appeal.

The denial of a motion for an out-of-time appeal is directly appealable.

Lunsford v. State, 237 Ga. App. 696 (515 SE2d 198) (1999); see also Wetherington v. State, __ Ga. __ (Case No. S14A1525, decided February 2, 2015) (addressing merits of direct appeal from denial of motion for out-of-time appeal following guilty plea). Accordingly, this application for discretionary appeal is hereby GRANTED pursuant to OCGA § 5-6-35 (j). Espinal shall have ten days from the date of this order to file his notice of appeal in the trial court. OCGA § 5-6-35 (g). The clerk of the trial court is directed to include a copy of this order in the record transmitted to the Court of Appeals.2

Although the caption of the order states that the court is “denying” Espinal’s motion, the body of the order states the court is “dismissing” it.

Because Espinal also seeks to challenge other rulings of the trial court, we note that OCGA § 5-6-34 (d) will permit him to do so in his direct appeal from the denial of his motion for out-of-time appeal.

Court of Appeals of the State of Georgia 03/12/2015 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.