Mario Romoan Sullivan v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 15, 2021

The Court of Appeals hereby passes the following order: A22D0047. MARIO ROMOAN SULLIVAN v. THE STATE.

Mario Romoan Sullivan pled guilty to burglary, armed robbery, impersonating an officer, false imprisonment, and two counts of aggravated assault. He subsequently filed a motion for an out-of-time appeal, which the trial court denied. Sullivan filed this application for discretionary appeal seeking to appeal the ruling.1 The denial of a motion for out-of-time appeal is directly appealable when the conviction at issue has not been the subject of a direct appeal. See English v. State, 307 Ga. App. 544, 545 n.4 (705 SE2d 667) (2010), overruled in part on other grounds by Collier v. State, 307 Ga. 363, 378 (834 SE2d 769) (2019); Lunsford v. State, 237 Ga. App. 696, 696 (1) (515 SE2d 198) (1999). We will grant a timely filed application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Sullivan shall have ten days from the date of this order to file a notice of appeal in the trial court. If he has already filed a timely notice of appeal in the trial court, he need

1 Sullivan obtained an extension of time in which to file this application for discretionary appeal. See Case No. A22E0005 (Aug. 12, 2021).

not file a second notice. The clerk of the trial court is directed to include a copy of this order in the appeal record transmitted to this Court.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/15/2021 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.