Watkins v. the State

Self, Judge.

Michael Watkins appeals from the trial court’s denial of his motion for an out-of-time appeal. He contends that he was denied his right to an appeal because he was not adequately advised about his appeal right and his trial counsel failed to preserve his right to an appeal. For the reasons explained below, we vacate the trial court’s order and remand with direction.

“The denial of a motion for an out-of-time appeal is a matter within the discretion of the trial court, and the trial court’s decision will not be reversed absent abuse of such discretion.” (Citation and punctuation…