Lister v. State

Sognier, Judge.

Appellant was convicted of armed robbery and he appeals. In his sole enumeration of error appellant contends he was denied his right to file a timely appeal by being deprived of a transcript for a period of nine months.

Appellant was convicted on December 16, 1985. On February 7, 1986, appellant filed a Motion for Out-of-Time Appeal, alleging that he had sought to appeal by directing his trial counsel to file a Notice *305of Appeal within 30 days, but his trial counsel did not do so. Appellant’s trial counsel filed an affidavit stating that appellant did not tell counsel to appeal.…