James Leon Washington v. State ( 2023 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
December 14, 2023
The Court of Appeals hereby passes the following order:
A24D0181. JAMES LEON WASHINGTON v. THE STATE.
James Leon Washington, who is proceeding pro se, has filed a timely
application for discretionary appeal seeking to appeal an order dismissing his “motion
to appoint counsel, withdraw guilty plea, and change sentence.” As a general matter,
an order denying or dismissing a motion to withdraw a guilty plea may be appealed
directly. See Smith v. State, 283 Ga. 376, 376 (659 SE2d 380) (2008); Campus v.
State, 369 Ga. App. 269, 269-270 (893 SE2d 161) (2023) (affirming on direct appeal
trial court’s order dismissing untimely motion to withdraw guilty pleas).
We will grant a timely filed application for discretionary appeal if the lower
court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this
application is hereby GRANTED, and Washington shall have ten days from the date
of this order to file a notice of appeal in the trial court. If he has already filed a timely
notice of appeal in the trial court, 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,____________________
12/14/2023
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.