494 S.E.2d 668 | Ga. | 1998
Lead Opinion
Charles Parson Smith, Jr., entered a plea of guilty in 1995 to fel
An out-of-time appeal is granted in this state when a defendant has the right to file a direct appeal, but is denied that right due to ineffective assistance of counsel.
Because the defendant in this case seeks to raise the same issue of trial counsel’s failure to inform him of his right to appeal, which cannot be decided by a review of the existing record, the trial court properly denied his motion to file an out-of-time appeal.
Judgment affirmed.
See Grantham v. State, 267 Ga. 635 (481 SE2d 219) (1997); Lay v. State, 242 Ga. 225, n. 1 (248 SE2d 611) (1978); McAuliffe v. Rutledge, 231 Ga. 745, 746 (204 SE2d 141) (1974).
Morrow v. State, 266 Ga. 3 (463 SE2d 472) (1995).
Smith v. State, 266 Ga. 687 (470 SE2d 436) (1996).
See Grantham, 267 Ga. at 636 (issues of voluntariness of plea and effectiveness of counsel can be developed only in context of a post-plea hearing); Caine v. State, 266 Ga. 421, 422 (467 SE2d 570) (1996) (same).
Dissenting Opinion
dissenting.
For the reasons amply expressed in my dissents in Morrow v. State
I am authorized to state that Chief Justice Benham joins in this dissent.
266 Ga. 3, 4 (463 SE2d 472) (1995).
267 Ga. 635, 636 (481 SE2d 219) (1997).
266 Ga. 687, 688 (470 SE2d 436) (1996).