Brown v. State

Pope, Judge.

Defendant Carlton Brown was convicted of armed robbery and appeals. Held-.

1. Defendant asserts for the first time on appeal that his trial counsel was ineffective. The record shows defendant’s trial counsel filed a motion for out-of-time appeal which was granted on April 6, 1989. Trial counsel filed the notice of appeal on April 11, 1989.

Because appellate counsel was retained during the pendency of the appeal, we must remand the case to the trial court for a hearing and entry of appropriate findings of fact on the issue of ineffective assistance of trial counsel. See Smith v.…