Penrod v. State

Blackburn, Judge.

Randall Allen Penrod appeals the denial of his motion for an out-of-time appeal, contending that his failure to file a timely appeal was due to his counsel’s failure to advise him of his appeal rights. For the reasons discussed below, we affirm.

Penrod was convicted of aggravated assault in February 1996 and sentenced to ten years in prison and ten years on probation. Pen-rod did not appeal this conviction. However, on December 12, 1997, almost two years after his conviction, Penrod filed a motion for an out-of-time appeal, claiming that he had not been advised of his right to…