State v. Smith

The opinion of the court was delivered by

Johnson, J.:

Shelbert Smith appeals the district court’s denial of his motion to file a direct appeal out of time. He argues that he should be allowed an untimely appeal because his appointed trial counsel failed to file tire appeal that Smith requested. Because this case is presented to us without adequate factual findings, we remand to the district court to make tire requisite findings pursuant to the framework described in this opinion.

Factual and Procedural Overview

Smith was convicted as an adult in 1993, after pleading nolo contendere to…