Opinion
A25A0075
08-09-2024
DUERFELDT v. THE STATE.
The Court of Appeals hereby passes the following order:
The Appellant has filed a Motion to Remand, claiming that he was denied effective assistance of counsel during the pendency of this case and that because he did not have an opportunity to raise this issue prior to this time, he has not waived this issue for appellate consideration.
We hereby GRANT the motion and order that this case be REMANDED to the trial court to allow the Appellant to file a motion for new trial raising his ineffective assistance of counsel claim(s). If the trial court determines that the Appellant was denied effective assistance of counsel, then the Appellant shall be entitled to a new trial; however, if the trial court determines that the Appellant was not denied effective assistance of counsel, then the Appellant is entitled to file a notice of appeal within 30 days of the date of the entry of any adverse order.