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Brown v. State

The indictment alleging that the defendant caused the victim's death by shooting him, sufficiently placed him on notice that the state was charging him with causing the victim's death by shooting him with a firearm.

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Appellant Michael Brown appeals from the trial court’s denial of his motion for out-of-time appeal. For the reasons that follow, we affirm. On September 16, 1993, appellant entered negotiated pleas of guilty to charges of murder and possession of a firearm by a convicted felon. Pursuant to the agreement, he was sentenced to life in prison on the murder charge and a concurrent five-year term in prison on the possession charge. On June 4, 2010, appellant filed a motion for out-of-time appeal which the trial court denied on December 16, 2010. This appeal followed.

1. It is well established that a criminal defendant has ” ‘no unqualified right to file a direct appeal from a judgment of conviction and sentence entered on a guilty plea,’ ” and ” ‘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.’ ” Barlow v. State , 282 Ga. 232, 233 647 SE2d 46 2007. “ The ability to decide the appeal based on the existing record thus becomes the deciding factor in determining the availability of an out-of-time appeal when the defendant has pled guilty.” Grantham v. State , 267 Ga. 635 481 SE2d 219 1997. The denial of a motion for out-of-time appeal is a matter within the discretion of the trial court. A court’s decision to deny such a motion will not be overturned absent an abuse of discretion. Moore v. State , 285 Ga. 855 1 684 SE2d 605 2009.

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