Harper v. State

Banke, Judge.

Appellant was convicted of child abandonment in 1974 and now appeals the denial of his motion for an out-of-time appeal. At the hearing on his motion, appellant testified that his attorney notified the court at the time of his conviction that an appeal would be filed and directed him to "be in my office Monday morning.” Appellant testified that he was aware of his right to appeal and the time allowed for that action to be taken. He further testified, as did his wife, that efforts to contact his trial attorney and to have other attorneys take up the cause were fruitless. The trial…