Heard v. State

BENHAM, Justice.

Appellant Otis Heard pled guilty to a charge of malice murder in 1998. In August 2005, he filed a motion for out-of-time appeal and for the appointment of appellate counsel, contending his guilty plea was involuntary because the trial court which accepted his guilty plea failed to explain “malice aforethought” or “intent,” and asserting trial counsel had rendered ineffective assistance of counsel. Appellant contended trial counsel had failed to file a timely notice of appeal from the guilty plea or a timely motion to withdraw the guilty plea, and had failed to inform appellant…