Thompson v. State

MlKELL, Judge.

Charlie B. Thompson, Jr., pleaded guilty in 1999 to rape, burglary, and aggravated sodomy. He was sentenced to a total of 40 years, 20 years in prison followed by 20 years on probation. Five years later, Thompson filed a motion for “out-of-time appeal, hearing, the appointment of counsel, and trial.” He appeals the denial of that order. We affirm.

In Smith v. State, 1 our Supreme Court ruled that “[a]n out-of-time appeal is appropriate where, as the result of ineffective assistance of counsel, a timely direct appeal was not taken. It is the remedy for a frustrated right of…