Jackson v. State

Miller, Presiding Judge.

Curtis Jackson, proceeding pro se, appeals from the trial court’s denial of his motion for an out-of-time appeal. We discern no error and affirm.

[A]n out-of-time appeal is a judicial creation that serves as the remedy for a frustrated right of appeal. In order for an out-of-time appeal to be granted, the burden is on the movant to establish that the procedural deficiency that resulted in the loss of the defendant’s right to direct appeal was due to error of counsel. If there is evidence sufficient to authorize a finding that the movant’s conduct caused the loss of the…