Tremaine Whittaker v. State of Mississippi

GREENLEE, J„

FOR THE COURT:

¶1. Tremaine Whittaker appeals to this Court requesting permission to file an out-of-time direct appeal of his criminal convictions and sentences. Whittaker asserts that his trial counsel failed to file his notice of appeal, and that he was not informed of his potential right to appointed appellate counsel based on indigency. We reverse and remand for the trial court to conduct an evidentiary hearing on whether Whit-taker should be granted an out-of-time appeal, with particular consideration of whether Whittaker was aware of his potential right to appointed counsel.

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