Anthony P. Shedd v. State ( 2021 )


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  • 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.
    

Document Info

Docket Number: A22D0185

Filed Date: 12/27/2021

Precedential Status: Precedential

Modified Date: 12/27/2021