Smith v. State

Fletcher, Presiding Justice.

Charles Parson Smith, Jr., entered a plea of guilty in 1995 to fel*22ony murder in connection with the shooting death of Bettie Holmes. In 1997, he filed a motion for an out-of-time appeal on the grounds that his lawyer never advised him of his right to appeal his conviction. The trial court denied the motion and we affirm.

Decided January 26, 1998. Charles P. Smith, Jr., pro se. Kelly R. Burke, District Attorney, Thurbert E. Baker, Attorney

An out-of-time appeal is granted in this state when a defendant has the right to file a direct appeal, but is denied that right…