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Harris v. State

Trial counsel was not deficient for informing the defendant that he was not eligible to be sentenced as a first offender or failing to request sentencing as a first offender, since the defendant was not entitled to first offender treatment for his crimes of child molestation and enticing a child for indecent purposes.

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In August 2012, James B. Harris pled guilty to three counts of child molestation and one count of enticing a child for indecent purposes.1 He was sentenced to 15 years, 12 years of which were to be served in confinement. In June 2013, he filed a motion for an out-of-time appeal, which the trial court denied. Harris appeals from the order denying the motion, asserting that trial counsel had provided ineffective assistance by incorrectly informing him that he was not eligible to be sentenced as a first offender, failing to request sentencing as a first offender, and failing to inform him of his right to appeal from the guilty plea.2 For the reasons that follow, we affirm.

“An out-of-time appeal is appropriate where, as the result of ineffective assistance of counsel, a timely direct appeal was not taken. It is the remedy for a frustrated right of appeal.”3

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