Jaffton B. Richardson v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________

October 17, 2016 The Court of Appeals hereby passes the following order:

A17D0126. JAFFTON B. RICHARDSON v. THE STATE.

In May 2016, Jaffton B. Richardson pled guilty to shoplifting and forgery. He later filed a motion for an out-of-time appeal, which the trial court denied. Richardson 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, 696 (515 SE2d 198) (1999); see also Wetherington v. State, 296 Ga. 451 (769 SE2d 53) (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). Richardson 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.

Court of Appeals of the State of Georgia

10/17/2016 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.