McDaniel v. State

Summary

The court held that the trial court properly denied McDaniel’s motion for an out-of-time appeal because plea counsel’s failure to consult about an appeal was not constitutionally deficient under the circumstances of his guilty plea and negotiated sentence. The court dismissed his challenge to the general demurrer because no valid notice of appeal from his convictions existed without an out-of-time appeal. It affirmed the denial of the motion in arrest of judgment because the motion was untimely and the trial court had also ruled on its merits.