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Bryant v. State

Defendant who pled guilty to selling cocaine was not entitled to an out-of-time appeal because the issues he sought to raise in his appeal could not be resolved by reference to facts in the record.

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James Lewis Bryant was charged with two counts of selling cocaine and two counts of possession of cocaine with intent to distribute. On August 31, 1998, as part of a negotiated plea, Bryant pled guilty to one count of selling cocaine, and the trial court entered orders of nolle prosequi on the remaining charges. On June 28, 1999, Bryant filed a motion for an out-of-time appeal. The trial court denied the motion, and Bryant appeals. For reasons that follow, we affirm.

In limited circumstances, an out-of-time appeal is appropriate where no appeal has been taken.1 However, such direct appeal will lie from a judgment of conviction and sentence entered on a guilty plea “only if the issue on appeal can be resolved by facts appearing in the record.”2 “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 an abuse of such discretion.”3 We find no abuse of discretion here.

 
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