Davis v. State

Appellant, Milton K. Davis, claims his right to a direct appeal was abridged as a result of his attorney’s failure to file a notice with the court as requested by the appellant. We agree.

The State properly concedes that the record reflects defense counsel failed to insure substitute counsel would be appointed following his discharge for the purpose of discussing whether there were any viable issues for an appeal. Furthermore, the record reflects that counsel was discharged immediately following the sentencing proceeding and the issue of whether there might be an appeal was not resolved.

The…