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Jesus Vieyrav.The State

CourtCourt of Appeals of Georgia
Docket No.A19A2050
DecidedJanuary 8, 2020
Reporter302 Ga. 504
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureAppellate ProcedureDirect AppealRight to CounselVacaturReversal
Case Summary

Jesus Vieyra pleaded guilty to home invasion and two counts of family-violence aggravated assault and received a forty-year sentence, including sex-offender supervision. He later sought an out-of-time appeal. After the trial court denied that motion, Vieyra filed a notice of appeal that the trial court dismissed on the ground that he had nothing cognizable to appeal. The Georgia Court of Appeals held that the trial court lacked authority to dismiss the notice because Georgia law generally reserves appellate-dismissal decisions to the appellate courts. The court nevertheless affirmed denial of the out-of-time appeal because Vieyra had not shown the constitutional or procedural basis required for that extraordinary remedy. The court vacated the dismissal of the notice of appeal and affirmed the denial of Vieyra’s motion, leaving the underlying conviction and sentence undisturbed.

Opinion

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Jesus Vieyra V. The State — The Atlanta Gleaner