Gibson v. State
Annotate this CaseDefendant, pro se, appealed from the trial court's denial of his motion for out-of-time appeal. In 1984, defendant pled guilty to one count of murder in a negotiated plea deal in which the State agreed to withdraw its intent to seek the death penalty and allowed a second count for cocaine possession to be disposed as a nolle prosequi. In June 2011, defendant moved for an out-of-time appeal which the court denied on July 22, 2011. The court held that defendant could not prevail on his motion for out-of-time appeal based on allegations that could be resolved against him based on the facts in the record; when defendant entered his plea voluntarily, he waived the challenges to the circumstances of his arrest and/or validity of the arrest warrant; and defendant's remaining allegation of ineffective assistance of counsel was not subject to review from a motion for out-of-time appeal. Accordingly, the judgment was affirmed.
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