Heavener v. State

Phipps, Judge.

Christopher Heavener, pro se, appeals the trial court’s denial of his motion for an out-of-time appeal. We affirm.

In January 1999, Heavener entered a negotiated guilty plea to armed robbery and possession of a firearm by a convicted felon. Heavener did not file a direct appeal of his guilty plea. In 2003, Heavener moved, pro se, for an out-of-time appeal. In his motion, Heavener asserted that (1) his trial counsel was ineffective for failing to tell him that he could move to withdraw his guilty plea and appeal the denial of any motion to withdraw his guilty plea; (2) the judge…