Opinion
A12A2474
02-05-2013
COSPER v. THE STATE.
SECOND DIVISION
BARNES, P. J.,
MCFADDEN and MCMILLIAN, JJ.
NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. (Court of Appeals Rule 4 (b) and Rule 37 (b), February 21, 2008)
Barnes, Presiding Judge.
In October 2010, Christopher Lee Cosper entered a negotiated Alford plea to aggravated child molestation and was sentenced to the minimum term of 25 years in custody followed by probation for life. In March 2012, he filed a pro se "extraordinary notice of out of time appeal," which the trial court construed as an extraordinary motion for new trial and a motion for an out-of-time appeal. After a lengthy evidentiary hearing, the court denied both motions. Proceeding pro se, Cosper appeals, arguing issues involving the indictment, jurisdiction and venue, and the sentence. For the reasons that follow, we affirm the trial court.
A trial court's denial of a criminal defendant's motion for an out-of-time appeal is directly appealable when the conviction at issue has not been the subject of a previous appeal, and we review that decision for abuse of discretion. McMullen v. State, ___ Ga. ___ (Case No. S12A1789, decided January 7, 2013); Jackson v. State, 313 Ga. App. 483 (722 SE2d 80) (2011).
Out-of-time appeals are designed to address the constitutional concerns that arise when a criminal defendant is denied his first appeal of right because the counsel to which he was constitutionally entitled to assist him in that appeal was professionally deficient in not advising him to file a timely appeal and that deficiency caused prejudice.Stephens v. State, 291 Ga. 837, 837-838 (2) (733 SE2d 266) (2012). In this case, Cosper "did not allege that his failure to file a timely appeal of his conviction was due to any ineffective assistance of counsel, and the motion was therefore correctly denied." McMullen, ___ Ga. at ___.
Judgment affirmed. McFadden and McMillian, JJ., concur.
Alford v. North Carolina, 400 U. S. 25 (91 S. Ct. 160, 27 LE2d 162) (1970).