Curry v. State

Quillian, Presiding Judge.

This is a pro se appeal from the denial of a motion to permit an out-of-time appeal by the defendant. This case was transferred to this court by the Supreme Court.

The defendant made a motion in the trial court for an "out-of-time” appeal on the basis that he did not know, nor was he advised of his constitutional right to appeal his conviction. His motion was denied by the trial court, who found that "the Defendant was advised of his right to an appeal.”

There is no transcript of the hearing included in the appeal. There is a presumption, in the absence of a showing to…