Opinion
A22D0047
09-15-2021
MARIO ROMOAN SULLIVAN v. THE STATE.
The Court of Appeals hereby passes the following order:
Mario Romoan Sullivan pled guilty to burglary, armed robbery, impersonating an officer, false imprisonment, and two counts of aggravated assault. He subsequently filed a motion for an out-of-time appeal, which the trial court denied. Sullivan filed this application for discretionary appeal seeking to appeal the ruling.[
Sullivan obtained an extension of time in which to file this application for discretionary appeal. See Case No. A22E0005 (Aug. 12, 2021).
The denial of a motion for out-of-time appeal is directly appealable when the conviction at issue has not been the subject of a direct appeal. See English v. State, 307 Ga.App. 544, 545 n.4 (705 S.E.2d 667) (2010), overruled in part on other grounds by Collier v. State, 307 Ga. 363, 378 (834 S.E.2d 769) (2019); Lunsford v. State, 237 Ga.App. 696, 696 (1) (515 S.E.2d 198) (1999). 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. Sullivan 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 appeal record transmitted to this Court.