Smith v. State

RUFFIN, Presiding Judge.

On October 31, 1996, Roy Smith pleaded guilty to one count of child molestation. The trial court sentenced him to 20 years, with 16 *749to serve in prison. On August 15, 2003, almost seven years later, Smith filed an extraordinary motion for new trial. The trial court, noting that there had been no trial, considered the motion as one to withdraw Smith’s plea and denied the motion. Smith then filed a motion for an out-of-time appeal, or, in the alternative, a motion to reconsider. The trial court denied Smith’s motion, finding that the court lacked jurisdiction to consider…