Jackson v. State

Pope, Presiding Judge.

Alton D. Jackson appeals the denial of his motion for an out-of-time appeal of his convictions, based on a guilty plea, to one count each of child molestation and statutory rape. He also appeals the denial of his motion to set aside the convictions.

1. A defendant moving for an out-of-time appeal following a conviction and sentence based on a guilty plea bears the burden of showing two things: first, that he or she actually had a right to file a timely direct appeal; and second, that the right to appeal was frustrated by the ineffective assistance of counsel. Smith v.…