Ray v. State

Adams, Judge.

Doyle Shane Ray appeals the trial court’s denial of his motion for out-of-time appeal. “The denial of a motion for an out-of-time appeal is a matter within the discretion of the trial court, and the trial court’s decision will not be reversed absent abuse of that discretion.” (Footnote omitted.) Carroll v. State, 270 Ga. App. 569, 570 (608 SE2d 533) (2004).

Ray was convicted of aggravated stalking on December 2 or 3, 2004. On December 15, his trial counsel filed a motion for new trial which was denied on February 16, 2005. No appeal followed. On October 17, 2005, Ray filed a…