Brandon Roseborough appeals from the trial court’s order finding that his plea counsel rendered effective assistance. Roseborough pled guilty to child molestation, but now contends that his plea was not knowingly and voluntarily entered, he did not receive effective assistance of counsel, and the trial court erred in denying his motion to transfer his case to juvenile court. On March 15, 2004, Roseborough, who was then 16 years and nine months old, was indicted by the Clay County Grand Jury for rape, aggravated child molestation, and child molestation. On February 7, 2005, represented by counsel, Roseborough pled guilty to the child molestation count and, by agreement with the district attorney, the other two counts were nolle processed. There was no sentence recommendation or agreement and Roseborough was advised that sentencing was at the judge’s discretion. On February 17, 2005, Roseborough filed a motion to transfer the case to juvenile court on the ground that the superior court no longer had jurisdiction or, alternatively, that the superior court should exercise its discretion to transfer the matter to juvenile court. Following a sentencing hearing and hearing on the motion to transfer on February 22, 2005, the superior court denied the motion to transfer and sentenced Roseborough on March 4, 2005, to 20 years, to serve 15. On March 21, 2005, plea counsel filed a notice of appeal. After the case was docketed in this court, new counsel was appointed and he filed a motion to remand for an evidentiary hearing on whether plea counsel had rendered ineffective assistance. This court remanded the case for an evidentiary hearing on the issue of effective assistance of counsel and ordered that “if . . . the trial court finds that Roseborough did have effective assistance, Roseborough shall have 30 days in which to appeal the trial court’s ruling on that issue .” Emphasis supplied.
On December 16, 2010, following a hearing on June 9, 2006, the trial court found that plea counsel rendered effective assistance of counsel.
