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Martin v. State

The record belied the defendant's claim that the indictment for homicide by vehicle failed to charge venue in Clayton County.

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Marvlyn Martin, who pled guilty to first degree homicide by vehicle OCGA § 40-6-391 a and possession of an open container OCGA § 40-6-253 b 1 B, appeals pro se from the trial court’s order denying his motion for out-of-time appeal. Martin contends that his plea was invalid because the indictment was defective and that his trial counsel was ineffective for failing to challenge the defective indictment and for failing to inform him of his right to withdraw his guilty plea. For the reasons that follow, we affirm.

We review a trial court’s denial of a motion for out-of-time direct appeal for an abuse of discretion. Belcher v. State, 304 Ga. App. 645, 646 1 697 SE2d 300 2010.

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