Smith, Eric Lenard

OPINION

We granted review in this case to determine (1) whether the Court of Appeals erred in abating this case to allow the appellant to file an out-of-time motion for new trial and (2) whether the State was seeking review of an interlocutory order. After reviewing the briefs of the parties and the relevant case law, we conclude that the State is seeking review of an interlocutory order. As a result, we dismiss the State’s petition for discretionary review.

The appellant was charged with aggravated robbery. In October 1996, he pleaded guilty to the lesser-included offense, aggravated assault.…