McMullen v. State

NAHMIAS, Justice.

William McMullen appeals the trial court’s order denying his motion for an out-of-time appeal. We affirm.

1. On March 31, 2010, Appellant was indicted for malice murder and possession of a firearm during the commission of a felony. On July 20, 2011, pursuant to a plea deal, Appellant, who was represented by counsel, pled guilty to malice murder; the firearm possession count was nolle prossed.

On June 1, 2012, Appellant filed a motion for out-of-time appeal, contending that (1) his indictment was defective for failing to charge venue and the State did not prove venue beyond a…