Opinion
No. 56808.
October 24, 1975.
IN RE: AMOS EVERSON, APPLYING FOR WRIT OF CERTIORARI.
Writ denied. The showing made does not warrant the exercise of this Court's supervisory jurisdiction. Applicant was informed of his right to appeal and his right to the appointment of counsel to appeal if he was indigent. See transcript of hearing in trial court.
DIXON, J., dissents from denial. Applicant is entitled to an out-of-time appeal. The record shows he wanted an appeal. He was apparently prematurely transferred to Angola before the expiration of time for appeal and could not communicate with court or counsel before the expiration of time to appeal.
CALOGERO, J., dissents. Applicant's contention that he was not made aware, post conviction, of his right to an indigent's appeal, if he were in fact indigent, was not disproven by evidence at the evidentiary hearing.