James Reynolds v. State

Court of Appeals of the State of Georgia

ATLANTA,__________________ March 12, 2014

The Court of Appeals hereby passes the following order: A14A1104. JAMES REYNOLDS v. THE STATE.

James Reynolds was convicted of robbery, aggravated assault, kidnapping with bodily injury, and simple battery. We affirmed his convictions on appeal. Reynolds v. State, 234 Ga App. 884 (508 SE2d 674) (1998). Nearly 15 years later, Reynolds filed a pro se Motion for Leave to File an Out of Time Appeal. The trial court denied the motion, and Reynolds filed this direct appeal. “An out-of-time appeal serves as the remedy for a frustrated right of appeal for a criminal defendant whose conviction has not been reviewed by an appellate court.” (Punctuation and citation omitted.) Lewis v. State, 300 Ga. App. 586 (685 SE2d 485) (2009). An out-of-time appeal is not available to a defendant whose conviction has already been reviewed on direct appeal. Richards v. State, 275 Ga, App. 190, 191 (563 SE2d 856) (2002); Milliken v. State, 259 Ga. App. 144, 145 (575 SE2d 910) (2003). As noted, we have already reviewed Reynolds’ conviction. Because he is not entitled to an out-of-time appeal at this juncture, this appeal from the denial of his motion for out-of-time appeal is hereby DISMISSED. See Brown v. State, 296 Ga. App. 224 (674 SE2d 91) (2009).

Court of Appeals of the State of Georgia 03/12/2014 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.