Charlie Branner, Jr. v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ September 11, 2019 The Court of Appeals hereby passes the following order: A20D0048. CHARLIE BRANNER, JR. v. THE STATE. Charlie Branner, Jr., filed this application for discretionary appeal from the trial court’s order denying his motion to withdraw a guilty plea. An order denying a motion to withdraw a guilty plea may be appealed directly. See Smith v. State, 283 Ga. 376 ( 659 SE2d 380 ) (2008). 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, and Branner 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 not file a second notice. The clerk of the superior 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,____________________ 09/11/2019 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.