State v. Tomal

— The question before us is whether a criminal defendant’s appeal may be dismissed without a showing that the defendant has waived his right to appeal based on the defense attorney’s failure to timely pursue the ap*987peal. We hold the State has the burden of demonstrating that the Defendant waived his or her right to appeal in order to dismiss a direct appeal. Accordingly, we reverse the Court of Appeals and remand to the superior court to determine whether the Defendant knowingly, voluntarily and intentionally abandoned his right to appeal.

FACTS

On June 20, 1989, Tommy Tomal was found guilty in…