Cornelius Jones was convicted of four traffic misdemeanors in 1995. After his extraordinary motion for new trial was denied for his failure to appear at the hearing set on the motion, he appealed to this court. We dismissed the appeal as untimely, but we informed Jones that he could petition the trial court for leave to file an out-of-time appeal. He appeals pro se from the order of the Toombs County State Court denying his motion for leave to file an out of time appeal. Because we cannot say that the record shows affirmatively and sufficiently that Jones received notice of the hearing on his extraordinary motion, that he was afforded the right to counsel, or that he was made aware at trial of the dangers of proceeding pro se, we reverse the denial of his motion for leave to file an out of time appeal. Jones was sentenced to 12 months in prison on three of the charges and 30 days in prison on the remaining charge, all sentences to be served consecutively. Incarcerated in federal prison on other charges, on May 17, 1999, Jones filed several motions, including the extraordinary motion for new trial in which he alleged he was forced to trial unrepresented. An order was entered setting a hearing on Jones’s motion for June 2, 1999. The motion was denied after Jones failed to appear at the hearing.
Jones filed a motion for reconsideration on March 31, 2000, insisting that he had not been notified of the hearing. In support of this excuse, he attached a signed statement from a federal prison official showing that no writ was received by the institution ordering Jones produced for the hearing in Toombs County. Across the face of the motion for reconsideration is a notation in longhand dated “4-3-2000″ and signed by the trial court judge, stating: “Will not consider further —This guy won’t stop.” Jones several times requested a status report as to whether his extraordinary motion had been received and was being acted upon. Apparently, the clerk of the trial court informed Jones that the trial court would not rule on the motion for reconsideration, and Jones filed his first, untimely appeal in this court. In our order of dismissal we informed Jones that if the trial court denied his petition for leave to file an out-of-time appeal, he could appeal that denial. He does so here.
