Wimmer v. State

Branch, Judge.

In this appeal, the State concedes the trial court erred by denying Michael Wimmer’s motion for an out-of-time appeal without inquiring into the legally relevant circumstances. We agree and therefore vacate and remand for further proceedings.

Wimmer and the State agree to the following facts:1 In 1997, Wimmer was tried and convicted of robbery by intimidation, false imprisonment, interference with government property, and making a terroristic threat. The trial court did not advise Wimmer on the record that he had a right to appeal, to an attorney on appeal, or to a…