Burch v. State

Blackwell, Justice.

In November 1995, Levon Burch entered a plea of guilty and was convicted of murder, armed robbery, and aggravated assault. More than 16 years later, he filed a motion for leave to bring an out-of-time appeal from his conviction. The trial court found, however, that “the issues [that Burch sought to raise in his out-of-time appeal] cannot be determined wholly by reference to the record,” and for that reason, it denied his motion. From that denial, Burch appeals, and we affirm.

As we have explained before, a defendant “[is] not entitled to an out-of-time appeal unless he had…