James Kemp v. State

Court of Appeals of the State of Georgia ATLANTA,__________________ March 21, 2013 The Court of Appeals hereby passes the following order: A13D0264. JAMES KEMP v. THE STATE. James Kemp pled guilty to kidnapping and other crimes. He later filed a motion seeking, among other things, to withdraw his guilty plea. The trial court dismissed the motion, and Kemp filed this application for discretionary appeal, as well as a direct appeal that has been docketed as A13A1392. A trial court’s order resolving a motion to withdraw a guilty plea, even an untimely one, is directly appealable. See Smith v. State, 283 Ga. 376 ( 659 SE2d 380 ) (2008); Ward v. State, 311 Ga. App. 53 ( 714 SE2d 731 ) (2011). Ordinarily, we will grant a timely application when the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Because Kemp has already filed a direct appeal from the same order, however, this application is hereby DISMISSED as superfluous. Court of Appeals of the State of Georgia 03/21/2013 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.