Fleming v. State

Phipps, Judge.

In 1994, Larry Fleming pled guilty to one count of aggravated assault and was sentenced to serve one year in confinement. The aggravated assault conviction served as the basis for the revocation of Fleming’s parole, and he has remained incarcerated. In 2004, Fleming filed pro se motions for an out-of-time appeal, an evidentiary hearing and appointment of counsel. The trial court denied Fleming’s motion for out-of-time appeal without conducting a hearing. Fleming appears pro se on appeal. He claims that the trial court erred by denying his motion for out-of-time appeal without…