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Glass v. State

Defense counsel was not relieved of his responsibility to protect the defendant's right to appeal until the trial court entered an order allowing counsel to withdraw.

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A Cobb County jury convicted Bruce Lamar Glass of rape, OCGA § 16-6-1; and aggravated sexual battery, OCGA § 16-6-22.2. Following a hearing, the trial court denied Glass’ timely motion for new trial on April 30, 1999. Eight months later, Glass filed a motion for out-of-time appeal and/or motion for leave to file an amended motion for new trial, alleging ineffective assistance of appellate counsel in failing to file a timely notice of appeal. Following a hearing, the trial court denied Glass’ motion, specifically finding that “the failure to timely file an appeal was due to the Defendant’s own conduct, and was not attributable to ineffective assistance of counsel.” Glass appeals from this ruling. For the reasons which follow, we reverse.

1. “The denial of a motion for an out-of-time appeal is a matter within the discretion of the trial court, and the trial court’s decision will not be reversed absent abuse of such discretion.” Citation omitted. Keller v. State, 242 Ga. App. 150, 151 1 529 SE2d 167 2000.

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