Jaffton B. Richardson v. State

Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 17, 2016
The Court of Appeals hereby passes the following order:
A17D0126. JAFFTON B. RICHARDSON v. THE STATE.
In May 2016, Jaffton B. Richardson pled guilty to shoplifting and forgery. He
later filed a motion for an out-of-time appeal, which the trial court denied.
Richardson then filed this timely application for discretionary appeal.
The denial of a motion for an out-of-time appeal is directly appealable.
Lunsford v. State, 237 Ga. App. 696, 696 (515 SE2d 198) (1999); 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). Richardson 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). 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
10/17/2016
Clerk’s Office, Atlanta,____________________
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.