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order denying her plea. Citing Rielli v. Oliver, 170 Ga.App. 699, 700, 318 S.E.2d 173 (1984), which in turn ‘adopt[ed] the rationale of [ United States v. Dunbar, 611 F.2d 985 (5 th Cir., 1980) (en banc)],’ this Court has held that a trial court retains jurisdiction to try a defendant, despite her filing of a notice of appeal from the denial of a motion for discharge and acquittal on double jeopardy grounds, where the trial court makes a written finding that the motion was frivolous and dilatory. See Strickland [ v. State, 258 Ga. 764, 766, 373 S.E.2d 736 (1988)]. … ‘If the [trial] court makes written findings that a double jeopardy claim is frivolous or dilatory, then the [notice of] appeal does not divest the [trial] court of jurisdiction, thus permitting the retrial to proceed. The double jeopardy claim is properly heard on appeal from the defendant's conviction on retrial. If the appellate court rejects the double jeopardy claim on the merits, the jurisdiction of the [trial] court with respect to the retrial is affirmed, without the necessity of examining whether or not the double jeopardy claim was in fact frivolous. This procedure adequately protects defendant's double jeopardy interest in not running the gauntlet of a second trial because the defendant may seek an appellate stay of the retrial in connection with the interlocutory appeal....’ United States v. Farmer, 923 F.2d 1557, 1565 (11 th Cir., 1991) (citing Dunbar, 611 F.2d at 989).” As defendant here failed to get an appellate stay of her retrial, the issue is “irrelevant.” Thomas v. State, 331 Ga.App. 641, 771 S.E.2d 255 (March 27, 2015). Aggravated assault and related convictions affirmed; trial court didn’t lose jurisdiction based on defendant’s failed effort to appeal. “Thomas attempted to file a direct appeal of the decision on his constitutional speedy trial motion. But defendants appealing orders denying claims of constitutional speedy trial violations are required to follow the interlocutory procedures of OCGA § 5–6–34(b). Stevens v. State, 292 Ga. 218–219 (734 S.E.2d 743) (2012); Sosniak [ v. State, 292 Ga. 35, 40(2) (734 S.E.2d 362) (2012)]. … Accordingly, because Thomas failed to properly perfect his appeal, the trial court did not lose jurisdiction. See Wood v. State, 199 Ga.App. 252, 254(2) (404 S.E.2d 589) (1991) (where appellant failed to obtain certificate of review, ‘the appellate courts did not obtain jurisdiction of his appeal and the trial court did not lose jurisdiction’).” Brown v. State, 322 Ga.App. 446, 745 S.E.2d 699 (June 27, 2013). Affirmed on another issue, 295 Ga. 240, 759 S.E.2d 489 (June 2, 2014). Interlocutory review of indictment for theft by taking, false statements, conspiracy to defraud, and related offenses. Trial court properly denied motion to quash second indictment against defendant (former CEO of Cobb EMC), issued while first indictment was under appeal. Contrary to defendant’s argument, pendency of appeal from first indictment didn’t deprive trial court of all jurisdiction over the matter. Based on Roberts v. State, 279 Ga.App. 434 (631 S.E.2d 480) (2006), overruled on other grounds, DeSouza v. State, 285 Ga. 201, 202, n. 2 (645 S.E.2d 684) (2007). “Although a trial court is forbidden from taking actions ‘that directly affect an issue on appeal[,] ... such loss of jurisdiction is limited to only those proceedings which either requires a ruling on the matters on appeal or directly or indirectly affect such matters.’ (Citation and punctuation omitted.) Id. Thus, in a criminal case, ‘[f]iling a notice of appeal may deprive a court of its power to execute the sentence but it does not supersede every other activity of a trial court.’ (Citation and footnote omitted.) Strickland v. State, 258 Ga. 764, 765–766(1) (373 S.E.2d 736) (1988).” Issue on appeal of Brown’s first indictment was whether that indictment was issued in open court, an issue in no way affected by issuance of the second indictment. Distinguishing cases where prosecutions for same offense were commenced simultaneously in different counties, such as Griffin v. State, 266 Ga. 115 (464 S.E.2d 371) (1995) – double jeopardy concerns in those cases not present here. Accord, Kenerly v. State , 325 Ga.App. 412, 750 S.E.2d 822 (November 22, 2013) (Physical precedent only). Porter v. State, 308 Ga.App. 121, 706 S.E.2d 620 (February 28, 2011). After defendant’s theft by taking conviction, appeal was dismissed for failure of counsel to file a brief or enumeration of error. Defendant then filed a motion for out- of-time appeal which was granted by the trial court before remittitur was returned from the Court of Appeals on dismissal of the first appeal. Held, trial court had jurisdiction to grant the out-of-time appeal. “Although the trial court issued its order before receiving the remittitur, not every action by a trial court is barred during the pendency of an appeal. See Moon v. State, 287 Ga. 304, 305 (696 S.E.2d 55) (2010) (pendency of appeal did not prevent the trial court from hearing a timely filed motion for reconsideration); Strickland v. State, 258 Ga. 764, 765-766(1) (373 S.E.2d 736) (1988) (trial court retains the power to amend its order denying a plea of former jeopardy, nunc pro tunc, to find the plea dilatory and frivolous). Compare Chambers, supra at 202(3) (trial court lacked jurisdiction to hold defendant's trial while he appealed the denial of his motion to suppress). Rather, the trial court cannot execute sentence or entertain ‘proceedings which either require a ruling on the matters on appeal or directly or indirectly affect such matters.’ (Citation and punctuation omitted.) Roberts v. State, 279 Ga.App. 434, 437(1) (631 S.E.2d 480) (2006), overruled on other grounds, DeSouza v. State, 285 Ga.App. 201, 202, n. 2 (645 S.E.2d 684) (2007). Technically, there was no matter on appeal before this Court, because we dismissed the appeal pursuant to Court of Appeals Rule 23(a) for failure to file a brief or enumerations of error. The basis for the grant of an out-of-time appeal – the right to effective assistance of counsel on appeal from a criminal conviction, see Hasty v. State, 213 Ga.App. 731-732 (445 S.E.2d 836) (1994) – was