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Taylor v. State

Defendant slept on his rights to pursue an out-of-time appeal where he waited for more than 10 years to pursue a ruling on his motion.

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Kevin Lee Taylor appeals the denial of his motion for an out-of-time appeal, contending that his trial counsel neglected to file a notice of appeal on his behalf following his original trial. For the reasons set forth below, we affirm.

The record shows that on June 29, 1989, Taylor was convicted of kidnaping with bodily injury having raped and sodomized the victim. He was sentenced to 20 years as a repeat offender pursuant to OCGA § 17-10-7. Taylor subsequently filed motions for out-of-time appeal on May 13, 1991, September 23, 1991, and November 6, 2000. In each of these motions, Taylor contended that his trial counsel rendered ineffective assistance by failing to pursue an appeal on his behalf.

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