Case Information
*1 Court of Appeals of the State of Georgia
ATLANTA,____________________ January 02, 2018 The Court of Appeals hereby passes the following order:
A18D0228. ROBERT FRANK SMITH v. THE STATE.
Robert Frank Smith was convicted of possession of cocaine and other crimes. We affirmed his convictions on appeal. Smith v. State , 309 Ga. App. XXIV (May 11, 2011) (unpublished). Smith later filed a motion in arrest of judgment, which the trial court denied. He now seeks discretionary review of that ruling.
An order denying a motion in arrest of judgment is directly appealable. Lay v. State , 289 Ga. 210, 211 (2) (710 SE2d 141) (2011). This Court will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, Smith’s application is hereby GRANTED. He shall have ten days from the date of this order to file a notice of appeal with the trial court, if he has not already done so. See 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 Clerk’s Office, Atlanta,____________________ 01/02/2018 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.