Sellers v. State

ROBERTS, J.,

for the Court:

¶ 1. Nathan Sellers was convicted of aggravated assault. Sellers’s retained attorney, Kevin Camp, did not appeal Sellers’s conviction. Sellers filed a motion for an out-of-time appeal. The Rankin County Circuit Court summarily denied Sellers’s motion on the basis that the agreement between Sellers and Camp stated that Camp’s representation did not include appellate work. Aggrieved, Sellers appeals. We find that the circuit court erred when it did not conduct an evidentiary hearing to determine whether Sellers timely asked Camp to appeal his conviction. Accordingly,…