Opinion
CR 97-961
Opinion delivered September 18, 1997
APPEAL ERROR — MOTION FOR BELATED APPEAL REMANDED. — In response to appellant's motion for belated appeal, the supreme court remanded the matter to the trial court to conduct a hearing to determine if appellant had requested his trial counsel to file an appeal, directing the trial court to make its findings and to remand them to the supreme court within thirty days.
Motion for Belated Appeal; remanded.
Jerry Larkowski, for appellant.
No response.
Appellant Anthony Sanders was convicted on December 5, 1996. No timely notice of appeal was filed. In a motion for belated appeal, Sanders asserts he had instructed his trial attorney, Mark Jesse, to file an appeal, but Jesse failed to do so. Sanders's new attorney, Jerry Larkowski, now files a motion for belated appeal, stating Sanders has been denied his right to effective assistance of counsel.
[1] We remand this matter to the trial court to conduct a hearing to determine if Sanders had requested his counsel, Mark Jesse, to file an appeal, and direct the trial court to make its findings and remand them to this court within thirty days.