Johnson v. State
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The Supreme Court reversed the decision of the trial court denying Defendant's request to file a belated notice of appeal of his twelve-year sentence, holding that the general waiver of Defendant's "right to appeal" was insufficiently explicit to establish a knowing and voluntary waiver of Defendant's right to appeal his sentence.
Defendant pleaded guilty to Level 4 felony dealing in methamphetamine and was sentenced to the maximum term of twelve years incarceration. Defendant did not timely file a notice of appeal. Defendant later sought permission to file a belated notice of appeal, arguing that he was only recently made aware of his right to appeal his sentence. The trial court denied Defendant's request. The Supreme Court reversed, holding that the general waiver of Defendant's "right to appeal," particularly when contained in the same sentence as an unenforceable waiver of post-conviction relief, was insufficient to establish a knowing and voluntary waiver of Defendant's right to appeal his sentence.
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