In September 1985, Furman Mims pleaded guilty and was convicted of the murder and kidnapping of Robert Holbert. For these crimes, Mims was sentenced to consecutive terms of imprisonment for life. Twenty-eight years later, Mims filed a motion for leave to take an out-of-time appeal, contending that the acceptance of his plea was erroneous in several respects, and alleging that he was denied the opportunity to take a timely appeal because his lawyer failed to advise him of his right to appeal. The trial court denied the motion without a hearing, finding that the record reveals no error in the acceptance of the plea, and so, any appeal would prove unsuccessful. Mims appeals,1 and we affirm.
1. We begin with the principles of law that inform our review of the denial of a motion for an out-of-time appeal. Our law permits a criminal defendant to take an appeal of right from a final judgment of conviction and sentence, see Keller v. State, 275 Ga. 680, 680 571 SE2d 806 2002, but even an appeal of right must be taken in a manner consistent with the laws of appellate procedure, and if it is not, the right of appeal may be forfeited. See State v. Denson, 236 Ga. 239, 240 223 SE2d 640 1976. A criminal defendant, however, is entitled to the effective assistance of counsel in connection with his appeal of right, see McAuliffe v. Rutledge, 231 Ga. 1, 2-3 200 SE2d 100 1973, and if his exercise of the right of appeal is frustrated by a denial of the guarantee of effective assistance, the Constitution demands a remedy. See Rowland v. State, 264 Ga. 872, 874-875 2 452 SE2d 756 1995. See also Gable v. State, 290 Ga. 81, 85-86 2 b 720 SE2d 170 2011. Consequently, when a defendant is denied the effective assistance of counsel and loses his right of appeal as a result, this Court has held that the defendant is entitled to take an out-of-time appeal. See Rowland, 264 Ga. at 875 2. See also Kemp v. State, 292 Ga. 795, 795 741 SE2d 652 2013; Stephens v. State, 291 Ga. 837, 837-838 2 733 SE2d 266 2012; Grantham v. State, 267 Ga. 635, 635 481 SE2d 219 1997. Whether the circumstances of a particular case warrant an out-of-time appeal is a question committed in the first instance to the trial courts. See Rowland, 264 Ga. at 875-876 2. The refusal of an out-of-time appeal, however, generally is itself appealable as of right. See Simmons v. State, 276 Ga. 525, 525 n.2 579 SE2d 735 2003.2
