Baxter J. Douglas v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ June 09, 2021 The Court of Appeals hereby passes the following order: A21D0353. BAXTER J. DOUGLAS v. THE STATE. Baxter J. Douglas was charged with aggravated stalking, and he entered a guilty plea on May 3, 2016. It does not appear that Douglas appealed this plea. Douglas subsequently filed a motion for out-of-time appeal, which the superior court denied. Douglas then filed this application for discretionary appeal. An order denying a request for out-of-time appeal may be appealed directly when the criminal conviction at issue has not already undergone appellate review. See Romano v. State, 297 Ga. 497, 497 ( 775 SE2d 151 ) (2015). We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Douglas shall have ten days from the date of this order to file a notice of appeal with the superior court. If he has already filed a notice of appeal, he does not need to file another notice of appeal. The clerk of the superior 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 Clerk’s Office, Atlanta,____________________ 06/09/2021 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.