Smith v. State

Miller, Judge.

Convicted of various criminal offenses, Donna Smith filed a motion in arrest of judgment, which the trial court denied as untimely. A year later, she moved the trial court to allow her to file an out-of-time appeal regarding her conviction and the denial of her motion in arrest of judgment. The trial court denied this motion also. She appeals, arguing that the court erred in not holding an eviden-tiary hearing before denying her motion for out-of-time appeal. We hold that an evidentiary hearing in this instance was not required and therefore affirm.

This is the second reported…