Nicholas Stewart v. State ( 2018 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
May 23, 2018
The Court of Appeals hereby passes the following order:
A18D0456. NICHOLAS STEWART v. THE STATE.
Nicholas Stewart pled guilty to rape, sodomy, aggravated assault, and other
related offenses. Stewart filed a motion for an out-of-time appeal, which the trial
court denied. He subsequently filed this timely application for discretionary appeal.
The denial of a motion for an out-of-time appeal is directly appealable. English
v. State, 307 Ga. App. 544, 545 n.4 (705 SE2d 667) (2010); see also Wetherington v.
State, 296 Ga. 451 (769 SE2d 53) (2015) (addressing merits of direct appeal from
denial of motion for out-of-time appeal following guilty plea).
Accordingly, this application for discretionary appeal is hereby GRANTED
pursuant to OCGA § 5-6-35 (j). Stewart shall have ten days from the date of this order
to file his notice of appeal in the trial court. OCGA § 5-6-35 (g). If he has already
filed a notice of appeal from the order at issue, he need not file a second notice. The
clerk of the trial 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,____________________
05/23/2018
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.