Seay v. State

Judge Harold R. Banke.

Dwight Olen Seay was convicted of two counts of child molestation in January 1994. His sole enumeration of error is that the trial court erred in ruling that he was not entitled to appointed counsel on appeal.

Seventeen months after his conviction, Seay filed a motion for out-of-time appeal, arguing that the failure of his retained trial counsel and the court to inform him of his right, as an indigent, to appointed appellate counsel prevented him from filing a timely appeal and violated his rights to counsel and due process. After a hearing, the trial court denied the…