Martin v. State (Majority)
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The Supreme Court remanded this matter involving Defendant's motion for belated appeal, holding that the proper disposition of this case requires findings of fact, which must be made in the circuit court.
Defendant was convicted of aggravated robbery and sentenced to 156 months' imprisonment. Defendant subsequently filed his motion requesting leave to proceed with a belated appeal of his conviction, arguing that he informed his retained trial counsel of his desire to appeal but that she did not file a notice of appeal. Defendant's lawyer disputed the account. The Supreme Court held that the proper disposition of the motion required findings of fact and therefore remanded the matter to the circuit court for an evidentiary hearing.
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