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Lewis v. State

The defendant knowingly and voluntarily entered his guilty plea and was fully aware that he could be sentenced as a recidivist, thus the trial court properly denied his motion for an out-of-time appeal.

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In the third appearance of his case before this Court, Jeremy Patrick Lewis appeals from the denial of his motion for an out-of-time appeal from the 1994 judgments denying his motions to withdraw his guilty plea.1 Lewis contends that the trial court erred in finding that the issues in this case were addressed by his prior appeal and in dismissing his motion. For the following reasons, we disagree and therefore affirm.

An appeal will lie from a judgment entered on a guilty plea only if the issue on appeal can be resolved by facts appearing in the record, and the trial court’s denial of a motion for out-of-time appeal is reviewed for abuse of discretion. The denial of a request for out-of-time appeal is proper if an examination of the record reveals no merit to the claimed errors.

 
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