Chance R. Brown v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ July 22, 2022 The Court of Appeals hereby passes the following order: A22A1725. CHANCE R. BROWN v. THE STATE. In 1993, Chance R. Brown pled guilty to voluntary manslaughter and robbery. In 2021, he filed a motion for an out-of-time appeal. The trial court dismissed the motion based on the Supreme Court’s recent holding in Cook v. State, 313 Ga. 471 ( 870 SE2d 758 ) (2022), and Brown appeals. We, however, lack jurisdiction. In Cook, the Supreme Court determined that a trial court lacks authority to grant an out-of-time appeal. 313 Ga. at 506 (5). Brown, 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 consider Brown’s motion for an out-of-time appeal, and the 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,____________________ 07/22/2022 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.