Morris v. State

MILLER, Presiding Judge.

John Morris appeals the trial court’s denial of his motion for out-of-time appeal, contending that his trial counsel provided ineffective assistance by failing to adequately inform him of his appeal rights and in failing to obtain his consent to forego an appeal. We agree that the trial court abused its discretion in denying Morris’s motion for out-of-time appeal because he did not receive adequate notice of his appeal rights and did not voluntarily choose to waive those rights. We therefore reverse.

The defendant bears the burden of demonstrating through the record…