Brown v. State

Johnson, Chief Judge.

In 1996 Christopher Brown pled guilty to aggravated assault and possessing cocaine with intent to distribute. In 1998 he moved to file an out-of-time appeal, claiming that the judge at the plea hearing failed to determine that Brown understood the nature of the offenses charged or that there was a factual basis for the cocaine charge. The same judge who had accepted Brown’s guilty plea denied his motion for an out-of-time appeal. Brown now appeals from the denial of that motion.

When a defendant pleads guilty and then seeks an out-of-time appeal from that plea, he must…