July 21, 1998

Mr. Allen Boney, Jr.

EF313763

Telfair State Prison

Post Office Box 549

Helena, Georgia 31037

Dear Mr. Boney:

I received on July 20, 1998 your letter dated July 15, 1998 regarding your attempt to file an Out-of-Time Appeal in the trial court. My letter to you of July 13, 1998 stated that the Notice of Appeal is filed in the trial court, not the Court of Appeals. Under cover of your most recent mailing, you included a Notice of Appeal styled for the Court of Appeals of Georgia. The Notice of Appeal should be filed in the trial court.

I am returning your letter and documents to you along with a copy of the rules of the Court of Appeals of Georgia. In my letter to you of July 2, 1998, I stated that Court of Appeals case number A94A0692 had already been decided by the Court of Appeals of Georgia when the Court of Appeals affirmed the judgment of the trial court. I enclosed a copy of the Court's opinion for your review.

I am not sure what you are attempting to appeal at this point in time. If you are filing a discretionary appeal you will need to follow the procedures set out in OCGA §5-6-35 and the rules of this Court. If you are attempting to file a Notice of Appeal, that should be filed in the trial court in which you were convicted.

If you claim to be illegally detained, you may wish to file a Petition for Habeas Corpus. That is filed in the superior court of the county where you claim to be illegally detained with appeal to the Supreme Court of Georgia, not the Court of Appeals.

I hope I have answered your questions.

Sincerely,

William L. Martin, III

Administrator/Clerk

Court of Appeals of Georgia

WLM , III/ld

Enclosures