Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 29, 2022
The Court of Appeals hereby passes the following order:
A22A1152. ERIC HIXSON v. THE STATE.
After entering a guilty plea, Eric Hixson filed a motion for an out-of-time
appeal. The trial court denied the motion, and Hixson filed this appeal.
In Cook v. State, the Supreme Court determined that a trial court lacks authority
to grant an out-of-time appeal. Cook v. State, ___ Ga. ___, ___ (5) (Case No.
S21A1270, decided March 15, 2022). Hixson, therefore, “had no right to file a motion
for an out-of-time appeal in the trial court; his remedy, if any lies in habeas corpus.”
Rutledge v. State, ___ Ga. ___, ___ (Case No. S21A1036, decided March 15, 2022).
Rather than denying Hixson’s motion, the trial court should have dismissed it. See id.
Accordingly, the trial court’s order denying the motion for out-of-time appeal is
hereby VACATED and this appeal is hereby REMANDED to the trial court, which
is DIRECTED to enter an order dismissing the motion for out-of-time appeal.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/29/2022
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.
Eric Hixson v. State
Combined Opinion