Siler v. State (Per Curiam)Annotate this Case
After a jury trial, Petitioner was found guilty of manufacturing a controlled substance, possession of drug paraphernalia, and being a felon in possession of a firearm. No appeal was taken from the judgment of conviction. Appellant subsequently sought to proceed with a belated appeal arguing that he asked his appointed trial attorney at the time of sentencing to appeal from the judgment but that his attorney failed to file a notice of appeal. The Supreme Court remanded the matter to the trial court for an evidentiary hearing. After the findings of fact and conclusions of law were submitted to the Court, the Supreme Court denied the motion, holding that because the merit of Petitioner’s motion for belated appeal rested entirely on the credibility of the witnesses, the Court accepted the trial court’s findings that Petitioner did not articulate a desire to appeal within the time allowed for counsel to file a timely notice of appeal.