The defendant did not file the requisite forms on time, and, in denying habeas corpus relief, the United States Court of Appeals for the Eighth Circuit held that the failure to file a timely notice of appeal did not result in ineffective assistance of counsel because it was attributable to the defendant's own neglect not to that of his attorney. People v. Stephenson, 187 Colo. 120, 528 P.2d 1313 (1974), and Henry v. Hopper, 235 Ga. 196, 219 S.E.2d 119 (1975), antedating Evitts v. Lucey, supra, are to the same effect. The Georgia Court of Appeals addressed the problem after Evitts v. Lucey, supra. That court said:

This constitutional right extends to counsel's assistance and advice with regard to the pursuit of appeal rights made available by state procedure. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); see People v. Stephenson, 187 Colo. 120, 528 P.2d 1313 (1974). The quality of advice must be "within the range of competence demanded of attorneys in criminal cases."

The right to effective assistance of counsel extends to the appeal process. See People v. Stephenson, 187 Colo. 120, 528 P.2d 1313 (1974). Under ABA, Standards Relating to the Defense Function § 8.2(a), counsel is obligated to advise the defendant concerning an appeal.

This question is properly determined by the trial court. People v. Stephenson, Colo., 528 P.2d 1313.           The record fully supports the trial court's finding that the defendant was properly advised of his rights, and that his statement was voluntary. Two F.B.I. agents orally advised the defendant of his rights prior to questioning.