Anthony P. Shedd v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ December 27, 2021 The Court of Appeals hereby passes the following order: A22D0185. ANTHONY P. SHEDD v. THE STATE. In 2017, Anthony P. Shedd pled guilty to three counts of child molestation. It does not appear that Shedd appealed this plea. In August 2021, Shedd filed a motion for an out-of-time appeal. The trial court denied the motion, and Shedd 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. Shedd 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,____________________ 12/27/2021 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.