Brown v. State
Annotate this CaseDefendant entered negotiated pleas of guilty to charges of murder and possession of a firearm by a convicted felon. Defendant appealed from the trial court's denial of his out-of-time appeal. The court held that defendant was not entitled to an out-of-time appeal for his contention that the indictment was void for failing to allege what instrument was used to shoot the victim where the indictment was not lacking an essential element of the crime of malice murder; for defendant's challenge that the indictment was void because the name of the grand jury foreman and the date of offense as to Count II were altered where the claims were not supported by the record; for defendant's claim that the trial court failed to swear him in prior to his guilty plea where the issue could be decided against him on the existing record; and for his claims of ineffective assistance of counsel because such claims could not be resolved on the facts appearing in the record. Accordingly, his remedy was to file a petition for habeas corpus; the trial court was not required to hold an evidentiary hearing on the issues raised; and defendant was not entitled to the appointment of counsel on his motion for out-of-time appeal.
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