Simpson v. State

Ruefin, Presiding Judge.

Dwayne Simpson pled guilty to aggravated assault in 1995. Almost eight years later, Simpson moved for an out-of-time appeal, arguing that his trial counsel’s ineffectiveness frustrated his right to a direct appeal. The trial court denied the motion, and Simpson appeals, proceeding pro se. For reasons that follow, we affirm.

The denial of a motion for out-of-time appeal falls within the trial court’s discretion, and we will not reverse the trial court’s ruling absent an abuse of that discretion. Furthermore, although an out-of-time appeal is appropriate when counsel’s…