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Burns v. State

The defendant was informed of his right against self-incrimination when he was informed of his right to remain silent during the plea colloquy.

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In February 2003, appellant Leviticus Burns entered a negotiated guilty plea to a murder charge stemming from his indictment for the October 2001 shooting death of Reginald Berry. Appellant’s other charges were placed on a dead docket and he was sentenced to life in prison for murder. In May 2011, appellant moved for an out-of-time appeal which motion the trial court denied. Appellant timely appealed and we now affirm for the reasons set forth below.

1. “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.” Brown v. State, 290 Ga. 321 1 720 SE2d 617 2012internal citations and quotations omitted.

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