Weatherbed v. State

Hines, Justice.

Weatherbed appeals the trial court’s denial of his motion for an out-of-time appeal. For the reasons which follow, we reverse.

On October 20,1995, Weatherbed pled guilty to an accusation for malice murder and was sentenced to life in prison. He was represented by counsel and waived indictment in writing. On November 28, 1995, he filed a pro se “Motion for Extension to Appeal,” which was denied. Through counsel, he filed a motion for an out-of-time appeal on August 13, 1998, asserting that his trial counsel was ineffective for not informing him of his right to appeal, and the…