Shephard v. State

ON RETURN TO REMAND

McMILLAN, Judge.

We remanded this cause for the trial court to determine whether a prior Rule 20, A.R.Cr.P.Temp., petition filed by the appellant had been adjudicated on its merits 587 So.2d 1105. Finding no' evidence that a hearing on the merits had been held, the trial court proceeded, pursuant to our instructions, to hold an evidentiary hearing on the merits of the present Rule 20, A.R.Cr.P.Temp., petition.

The sole issue presented by the petition is whether the appellant is entitled to an out-of-time appeal because, he says, his failure to file a timely appeal was not his…