Johnny Arnold v. State

Court of Appeals of the State of Georgia

ATLANTA,__________________ May 13, 2014

The Court of Appeals hereby passes the following order: A14A1566. JOHNNY ARNOLD v. THE STATE.

In 1997, Johnny Arnold was convicted of armed robbery and possession of cocaine. We affirmed his convictions on appeal. Arnold v. State, 238 Ga. App. 314 (518 SE2d 716) (1999). Arnold later filed a motion for out-of-time appeal. The trial court denied the motion, and he appeals. Because Arnold has already had a direct appeal, he is not entitled to an out-of-time appeal. See Simmons v. State, 276 Ga. 525, 526 n.2 (579 SE2d 735) (2003) (“The denial of a motion for out-of-time appeal is directly appealable when the criminal conviction at issue has not been the subject of direct appeal.”); Jackson v. State, 273 Ga. 320 (540 SE2d 612) (2001) (defendant “not entitled to another bite at the apple by way of a second appeal.”). This appeal is therefore DISMISSED. See Jackson, supra.1

1 To the extent that Arnold seeks to challenge the effectiveness of his appellate counsel, “a petition for Writ of Habeas Corpus is the proper vehicle to utilize for the development of a record and subsequent review of the substantive claim.” Boney v. State, 236 Ga. App. 179, 180 (510 SE2d 892) (1999); see also Milliken v. State, 276 Ga. 712, 713 (583 SE2d 30) (2003).

Court of Appeals of the State of Georgia 05/13/2014 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.