Jackson v. State

RUFFIN, Presiding Judge.

Kelvin Jackson, proceeding pro se, appeals the trial court’s denial of his motion for an out-of-time appeal. Finding no error, we affirm.

“The denial of a motion for an out-of-time appeal is a matter within the discretion of the trial court, and the trial court’s decision will not be reversed absent abuse of such discretion.” If a defendant moves for an out-of-time appeal after he has entered a guilty plea, he “bears the burden of showing two things: first, that he... actually had a right to file a timely direct appeal; and second, that the right to appeal was…