Gould v. State, 315 Ga. App. 733

Gould pled guilty on September 26, 2003 to sexual exploitation of children and recidivism; sentenced to ten years with one year served and remainder on probation.
A petition to revoke Gould's probation was filed on November 3, 2009; probation balance was revoked after a hearing.
Gould, through counsel, filed a motion for new trial and a motion for reconsideration; August 12, 2010 order denied new trial but reduced revoked probation time to two years.
In May 2011, Gould, pro se, filed a motion for an out-of-time appeal challenging the probation revocation; June 10, 2011 order denied it.
The trial court’s denial of the out-of-time appeal is reviewed for abuse of discretion; the court relied on counsel’s testimony and actions taken.
The appellate court held that Gould was informed of appellate rights and voluntarily waived them; no ineffective assistance of counsel found.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused discretion in denying the out-of-time appeal	Gould	Gould	No abuse; denial affirmed
Whether the trial court erred by relying on unsworn counsel statements	Gould	Gould	No error; statements allowed
Whether Gould could present evidence about probation violation at an out-of-time appeal hearing	Gould	Gould	No abuse; evidence limited to ineffective assistance or sleeping on rights

Robertson v. State, 287 Ga. App. 271, 651 S.E.2d 198 (Ga. App. 2007) (out-of-time appeal standard; any evidence review standard)
Ray v. State, 287 Ga. App. 492, 652 S.E.2d 165 (Ga. App. 2007) (ineffective assistance and waiver of rights)
Butts v. State, 244 Ga. App. 366, 536 S.E.2d 154 (Ga. App. 2000) (standards for reviewing trial court findings)
Thomas v. Scott, 221 Ga. 875, 148 S.E.2d 300 (Ga. 1966) (attorney oath; credibility of statements in court)
Cannon Air Transport Svcs. v. Stevens Aviation, 249 Ga. App. 514, 548 S.E.2d 485 (Ga. App. 2001) (accordance of statements by counsel in proceedings)