James Leon Washington v. State

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, 

 (

) (2008); Campus v.
State, 

, 269-270 (

) (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.