William Lee Clifton, Jr. v. State

Court of Appeals of the State of Georgia ATLANTA,____________________ September 29, 2017 The Court of Appeals hereby passes the following order: A18D0092. WILLIAM LEE CLIFTON, JR. v. THE STATE. William Lee Clifton, Jr. filed this application for discretionary review seeking to appeal the trial court’s order denying his motion to withdraw his guilty plea. An order denying a motion to withdraw a guilty plea may be appealed directly. See Smith v. State, 283 Ga. 376 (659 SE2d 380) (2008). Ordinarily, we will grant a timely application when the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Clifton, however, has already filed a notice of appeal from the trial court’s order.1 Accordingly, this application is superfluous, and it is therefore DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/29/2017 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. 1 As an exhibit to this application, Clifton attached a file-stamped copy of his notice of appeal.