Hasty v. State

McMurray, Presiding Judge.

Defendant was tried before a jury and found guilty of simple battery, aggravated assault and uttering a terroristic threat. A judgment of conviction and sentence was entered on March 5, 1991, as to each charge. On May 12, 1993, defendant filed, pro se, a motion for out-of-time appeal, asserting he was neither advised of his right of appeal nor his right to post-judgment assistance from a court-appointed attorney. In opposition, the affidavit of defendant’s trial attorney was filed. It provides, in pertinent part, as follows: “Following the jury’s verdict and prior…