Clarence Strickland v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ February 14, 2017 The Court of Appeals hereby passes the following order: A17A1062. CLARENCE STRICKLAND v. THE STATE. A jury found Clarence Strickland guilty of aggravated sodomy in 2009, and we affirmed his conviction on appeal. Strickland v. State, 311 Ga. App. 400 ( 715 SE2d 798 ) (2011). In 2016, Strickland filed a motion for an out-of-time appeal, which the trial court dismissed. Strickland then filed this direct appeal. We lack jurisdiction. “An out-of-time appeal is a judicial creation that serves as the remedy for a frustrated right of appeal.” Kilgore v. State, 325 Ga. App. 874, 875 (1) ( 756 SE2d 9 ) (2014) (punctuation omitted). Because Strickland already has had a direct appeal, he is not entitled to an out-of-time appeal. See Richards v. State, 275 Ga. 190, 191 ( 563 SE2d 856 ) (2002) (“[T]here is no right to directly appeal the denial of a motion for out-of-time appeal filed by a criminal defendant whose conviction has been affirmed on direct appeal.”); Jackson v. State, 273 Ga. 320 ( 540 SE2d 612 ) (2001) (a defendant “is not entitled to another bite at the apple by way of a second appeal”). Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/14/2017 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.