Smith v. State

Carley, Justice.

After Marvin Smith pled guilty to two counts of murder, he did not file a timely direct appeal. He subsequently filed a motion for an out-of-time appeal, contending that trial counsel rendered ineffective assistance since Smith was not informed of his right to appeal. Smith appeals from the trial court’s denial of his motion for an out-of-time appeal.

An out-of-time appeal is appropriate where, as the result of ineffective assistance of counsel, a timely direct appeal was not taken. Lane v. State, 263 Ga. 517, 518 (2) (436 SE2d 9) (1993). It is “the remedy for a frustrated…