Simpson v. State (Majority)
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The Supreme Court denied Petitioner's amended motion for belated appeal of a judgment reflecting his conviction on charges of fleeing and endangering the welfare of a minor, holding that the trial court's conclusions regarding whether Petitioner was advised of his right to appeal or whether he notified his attorney of his desire to appeal were supported by the transcript.
Because Petitioner made representations that conflicted with those made by his attorney, the Supreme Court remanded the matter to the trial court for additional findings of fact. The trial court found that Petitioner was advised about his right to appeal and did not timely articulate a desire to appeal. The Supreme Court denied Petitioner's motions for belated appeal, holding that Petitioner's attorney acted in a professionally reasonable manner by not filing a notice of appeal, and therefore, Petitioner was not entitled to a belated appeal.
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