Pruitt v. State

Tony Pruitt appeals from the trial court’s denial of his motion for an out-of-time appeal of his convictions for aggravated child molestation, child molestation, and enticing a child for indecent purposes. For reasons that follow, we affirm.

Pruitt claims he is entitled to an out-of-time appeal because his attorney failed to follow his instructions to pursue an appeal.

“(A)n out-of-time appeal is appropriate where due to the ineffective assistance of counsel, no appeal has been taken.” *424[Cit.] However, “an attorney renders effective assistance of counsel with regard to the decision whether to…