Childs v. State

The defendant was not entitled to an out-of-time appeal from his guilty plea because the record showed that he was adequately advised of his right against self-incrimination.

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On May 19, 2009, Kevin Childs pled guilty to two counts of aggravated battery and one count each of battery, driving while license suspended and driving without insurance. Childs’ plea arose out of three separate indictments involving three separate incidents. Childs was sentenced on these charges the same day. On February 11, 2011, he filed a pro se motion for out-of-time appeal in each case. The trial court denied these motions, and Childs appeals. We affirm for the reasons set forth below. We review a trial court’s denial of a motion for out-of-time appeal for an abuse of discretion. Footnotes omitted. Fleming v. State, 276 Ga. App. 491, 491-492 1 623 SE2d 696 2005. “An appeal will lie from a judgment entered on a guilty plea only if the errors asserted on appeal can be resolved by facts appearing on the face of the record, and 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.” Citations omitted. Adams v. State , 285 Ga. 744 1 683 SE2d 586 2009.

1. Childs asserts that he is entitled to an out-of-time appeal because his guilty plea was not knowingly and voluntarily entered. The entry of a guilty plea involves the waiver of three federal constitutional rights: the privilege against compulsory self-incrimination, the right to trial by jury, and the right to confront one’s accusers. It is the duty of a trial court to establish that the defendant understands the constitutional rights being waived, and the record must reveal the defendant’s waiver of those constitutional rights. Boykin v. Alabama, 395 U. S. 238, 243 89 SC 1709, 23 LE2d 274 1969. Beckworth v. State, 281 Ga. 41, 42 635 SE2d 769 2006. The Supreme Court of Georgia recently clarified its current understanding of the Boykin requirements:

Childs v. State

The defendant was not entitled to an out-of-time appeal from his guilty plea because the record showed that he was adequately advised of his right against self-incrimination.

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