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Butts v. State

The Court of Appeals vacated its decision in Butts v. State, A99A2145 3/30/00, 00 FCDR 1968 6/2/00, and issued a substitute opinion, holding that the trial court was authorized to find that defense counsel did not frustrate defendant's right to a timely appeal.

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In February 1996, a jury found Larry Butts guilty of three counts of selling cocaine. At the conclusion of the sentencing hearing on February 29, 1996, the trial court sentenced Butts to three concurrent life terms. No appeal followed.

More than three years later, acting pro se, Butts filed a verified request to proceed in forma pauperis. The court apparently did not rule on this request. Butts then filed a motion styled as “Out sic Time Motion For New Trial,” in which he raised the general grounds and ineffective assistance and in which he also contended that he was denied the right to appeal his convictions despite having “requested an appeal from his counsel and was made to belief sic that an appeal was pending in the Georgia Court of Appeals.” After conducting a hearing on the merits, the trial court denied the motion.

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