Opinion
A24D0199
01-16-2024
JUSTIN UDI v. THE STATE.
The Court of Appeals hereby passes the following order:
Justin Udi filed a motion to seal records after the completion of his first offender sentence. The trial court denied the motion to seal, and Udi filed the instant application.
As a threshold matter, no provision of the discretionary application statute applies to the trial court's order. See OCGA § 5-6-35 (a). An order denying a request to seal records is directly appealable. See Austin v. State, 343 Ga.App. 118 (807 S.E.2d 1) (2017). See also Hayes v. State, 355 Ga.App. 213 (843 S.E.2d 875) (2020). This Court will grant a timely discretionary application if the lower court's ruling is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Udi shall have ten days from the date of this order to file a notice of appeal with the trial court. If he has already filed a notice of appeal in the trial court, he need not file a second notice. See Wannamaker v. Carr, 257 Ga. 634, 635 (1) (362 S.E.2d 53) (1987). The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.