Harrell v. State

Ellington, Judge.

Randall Blair Harrell appeals the trial court’s order denying his motion for an out-of-time appeal of his 1997 convictions in Haber-sham County of statutory rape, OCGA § 16-6-3, and child molestation, OCGA § 16-6-4. For the reasons which follow, we reverse and remand with direction.

The denial of a motion for an out-of-time appeal is a matter within the discretion of the trial court, and the trial court’s decision will not be reversed absent abuse of such discretion. The disposition of a motion for out-of-time appeal hinges on a determination of who bore the ultimate…