Dover v. State

Barnes, Judge.

Herman Mitchell Dover appeals the denial of his motion for an out-of-time appeal. After Dover pleaded guilty to statutory rape in 1997, he filed a motion to withdraw his guilty plea in July 1997. Although this motion was denied on January 9, 1998, Dover did not file a notice of appeal from the denial of this motion until February 11, 1998. Consequently, this appeal was dismissed by this Court because the notice of appeal was not timely filed.

Subsequently, Dover filed a motion seeking permission for an out-of-time appeal of his motion to withdraw his guilty plea. Dover asserted…