Davis v. State

Eldridge, Judge.

Gerald Davis appeals from the denial of his motion to file an out-of-time appeal or an extraordinary motion for new trial. We affirm.

On December 10, 1996, a jury convicted Davis of robbery and theft by taking. The conviction was not appealed. Davis filed a pro se motion for an out-of-time appeal/extraordinary motion for new trial in March 1997, and the trial court conducted a hearing. The trial court subsequently denied the motion, and this appeal follows.1 Held:

1. Davis claims that the trial court wrongfully denied his motion to file an out-of-time appeal by deciding the…