Thompkins v. State

ON MOTION FOR REHEARING

We deny rehearing, but withdraw this court’s March 10, 2004 opinion granting Thompkins a belated appeal and substitute the following opinion.

Jethro Thompkins seeks belated appeal of his April 30, 2003 conviction and sentence. Thompkins’s sworn petition alleges defense counsel agreed to process the appeal but did not do so. The state was ordered to show cause why the petition should not be granted. The state’s response indicates that it was unable to contact trial counsel and requests that a commissioner be appointed to make factual findings.

The state explains that, in…