Cox v. State (Majority)Annotate this Case
Petitioner pleaded guilty to ten counts of distribution, possession, or viewing of matter depicting sexually explicit conduct involving a child. Petitioner later filed a pro se notice of appeal. The court clerk declined to lodge the record because the notice of appeal was not timely. Petitioner subsequently filed a pro se motion for belated appeal and rule on clerk, alleging that he advised his counsel that he wished to appeal before the sentencing order was entered and that his notice of appeal was mailed to the circuit clerk in a timely fashion. The Supreme Court treated the motion for belated appeal and rule on clerk as a motion for belated appeal and granted the motion, holding that Petitioner was entitled to a direct appeal for the sentencing phase of his trial.