Nesbitt v. State

Phipps, Judge.

Jerome Nesbitt appeals the denial of his motion for an out-of-time appeal. Because the trial court abused its discretion in denying Nesbitt’s motion without having held an evidentiary hearing on the issue of who ultimately bore the responsibility for the failure to file a timely appeal, we reverse the ruling and remand the case for proceedings not inconsistent with this opinion.

After a jury trial, Nesbitt was convicted in December 1989 for violating the Georgia Controlled Substances Act and for obstructing an officer. In March 2008, Nesbitt filed a pro se motion for an…