Cruz v. State

MILLER, Presiding Judge.

Sabino E Cruz appeals, pro se, from the trial court’s order denying his motion for an out-of-time appeal. He contends that he was entitled to an out-of-time appeal since his counsel and the trial court failed to advise him of his right to directly appeal from the denial of his motion to withdraw his guilty plea. For the reasons that follow, we reverse and remand this case for a hearing on the issue.

The record shows that on September 23, 2002, Cruz entered a nonnegotiated guilty plea to charges of aggravated child molestation, child molestation, and burglary. Following…