Boney v. State

Blackburn, Presiding Judge.

Allen Boney, Jr., pro se, appeals the trial court’s dismissal of his second motion for out-of-time appeal in which Boney claimed ineffective assistance of appellate counsel. We affirm because Boney’s claim should have bejen raised by a petition for writ of habeas corpus.

Following Boney’s conviction of possession of cocaine with the intent to distribute on June 21,1993, Boney appealed. The conviction was affirmed by this Court in an unpublished opinion, Boney v. State.1 Four years later, Boney filed a pro se motion for out-of-time appeal, raising a claim of…