Fredy Lopez v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ December 07, 2022 The Court of Appeals hereby passes the following order: A22A1530. FREDY LOPEZ v. THE STATE. In 2017, Fredy Lopez pled guilty to aggravated sodomy. Lopez did not file a timely appeal. Lopez filed a pro se motion for out-of-time appeal in July 2021, which he amended through counsel in January 2022. The trial court dismissed the motion for out-of-time appeal, and Lopez filed this appeal. In Cook v. State, 313 Ga. 471, 506 (5) ( 870 SE2d 758 ) (2022), the Supreme Court determined that a trial court lacks authority to grant an out-of-time appeal. Lopez, therefore, “had no right to file a motion for an out-of-time appeal in the trial court; his remedy, if any, lies in habeas corpus.” Rutledge v. State, 313 Ga. 460, 461 ( 870 SE2d 720 ) (2022). Thus, the trial court correctly determined that it did not have jurisdiction to grant Lopez’s motion for out-of-time appeal, and — pretermitting whether Lopez remained represented by counsel when he filed his notice of appeal, which would render the appeal a nullity — the trial court’s order dismissing the motion does not present a cognizable basis for an appeal. See Henderson v. State, 303 Ga. 241, 244 (2) ( 811 SE2d 388 ) (2018). Accordingly, this appeal is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/07/2022 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.