Thorpe v. State

Ellington, Judge.

Kenny Tobias Thorpe pled guilty to conspiracy to commit a crime, OCGA § 16-4-8. He appeals the trial court’s order denying his motion for an out-of-time appeal, contending his trial counsel failed to inform him of his right to appeal. Thorpe raises additional arguments regarding the voluntariness of his plea, the denial of his motion to withdraw his guilty plea, and his sentence. For the following reasons, we reverse as to the denial of an out-of-time appeal and remand to the trial court for a hearing.

In seeking an out-of-time appeal, Thorpe argued, inter alia, that his trial…