Robb Baker v. State ( 2022 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 30, 2022
The Court of Appeals hereby passes the following order:
A21A1238. ROBB BAKER v. THE STATE.
On March 14, 2022, we issued an opinion in the above case reversing the trial
court’s denial of Appellant’s motion for an out-of-time appeal. The next day, the
Supreme Court of Georgia issued Cook v. State, ___ Ga. ___ (Case No. S21A1270,
decided March 15, 2022), which held
that there was and is no legal authority for motions for out-of-time
appeal in trial courts and that the out-of-time appeal procedure allowed
in King [v. State, 233 Ga. 630 (212 SE2d 807) (1975)] and Furgerson
[v. State, 234 Ga. 594, 595 (216 SE2d 845) (1975)], approved in
Rowland [v. State, 264 Ga. 872, 874-875 (452 SE2d 756) (1995)], and
followed in other cases is not a legally cognizable vehicle for a
convicted defendant to seek relief from alleged constitutional violations.
Our holding applies to this case and to all cases that are currently on
direct review or otherwise not yet final.
Cook, ___ Ga. ___ at (5) (slip op. at 82). Because Baker is not yet final, see Turpin
v. Todd, 268 Ga. 820, 831 (3) n.49 (493 SE2d 900) (1997), we are constrained to
follow Cook. Accordingly, because Appellant “had no right to file a motion for an
out-of-time appeal in the trial court,” Rutledge v. State, ___ Ga. ___ (Case No.
S21A1036, decided March 15, 2022), we must vacate our opinion issued on March
14, 2022. Further, as directed by Cook and Rutledge, we must “vacate the trial court’s
order and remand for the entry of the appropriate dismissal order.” Id. at ___ (slip op.
at 4).
Thus, we hereby VACATE our opinion issued on March 14, 2022 in the above
case and REMAND to the trial court for further proceedings consistent with Cook and
Rutledge.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/30/2022
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.