SMITH v. STATE

No. A01A2426.

556 S.E.2d 527 (2001)

252 Ga. App. 472

SMITH v. The STATE.

Court of Appeals of Georgia.

November 15, 2001.


Attorney(s) appearing for the Case

John M. Daley, for appellant.

Fred R. Simpson, Dist. Atty., Charles S. Cox, Asst. Dist. Atty., for appellee.


RUFFIN, Judge.

In January 2001, Thomas J. Smith filed a motion for an out-of-time appeal. The trial court denied the motion, and this appeal ensued. For reasons that follow, we reverse the trial court's ruling and remand for further consideration.

It is well settled that "[a] defendant may be entitled to an out-of-time appeal if he was deprived of his right to appeal by his attorney's negligence or ignorance, or if he was not adequately informed of his appeal...

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