July 2, 1998

Mr. Allen Boney, Jr.

EF313763

Telfair State Prison

Post Office Box 549

Helena, Georgia 31037

RE:	A94A90692 . Allen Boney, Jr. v. The State

Lower Court Case Number: 93R -7046

Pulaski Superior Court

Dear Mr. Boney:

I am in receipt of the documents mailed under cover of your mailing of June 29, 1998, specifically a document entitled, "Petition for Discretionary Application for Appeal or Leave to Filing Out-of-Time Appeal".

Please be advised that the above matter has already been decided by the Court of Appeals of Georgia when this Court affirmed the judgment of the trial court by this Court's opinion of March 29, 1994. A copy of that opinion is enclosed for your review.

I am not sure what you are attempting to file as a discretionary application. If you do wish to file a discretionary application, please refer to OCGA §5-6-35 and the rules of this Court. I have enclosed a copy of the rules of the Court of Appeals for your review as well as return your documents to you.

Sincerely,

William L. Martin, III

Administrator/Clerk

Court of Appeals of Georgia

WLM , III/ld

Enclosures