Barnes v. State

Barnes, Judge.

Norman Lee Barnes appeals the dismissal of his motion for an out-of-time appeal. He contends that his constitutional and statutory rights to appeal his convictions were violated by his trial attorney’s failure to file a motion for new trial and to file a notice of appeal. Because we find the record does not show a determination by the trial court that Barnes forfeited his rights to appeal his convictions, we remand this case for that adjudication.

On November 10, 1993, a jury convicted Barnes of two counts of aggravated assault with a deadly weapon, a pistol. The trial court then…