Ethridge v. State

Miller, Judge.

William Russell Ethridge pled guilty to one count of child molestation. He now appeals, pro se, from the denial of his motion for an out-of-time appeal, arguing ineffective assistance of counsel and the trial court’s failure to inform him of the right to withdraw his guilty plea. Discerning no error, we affirm.

When a defendant pleads guilty and then seeks an out-of-time appeal from that plea, he must establish, by facts appearing in the record, including the transcript, that “he actually had a right to file a timely direct appeal which was frustrated by the ineffective…