1  The homicide occurred on January 15, 1991. Van Alstine was indicted on February 5, 1991. He was found guilty on April 5, 1991, and was sentenced on April 9. 1991. His motion for new trial was filed on May 7, 1991, and denied on June 21, 1991. He was granted the right to an out-of-time appeal on July 18, 1991. A notice of appeal was filed on August 7, 1991. The appeal was docketed on September 4, 1991, and submitted without oral argument on October 18, 1991.

2  Retained appellate counsel entered the case after a motion far new trial (made by trial counsel) was denied and after subsequently appointed counsel was denied the right to file a separate motion for new trial and granted only the right to file an out-of-time appeal. Compare Pander v. State, 260 Ga. 840 (400 SE2d 922) (1991):[A] claim of ineffective assistance of counsel may not be asserted in an out-of-time appeal unless appellate counsel pursues a motion for new trial, subsequent to the grant of the out-of-time appeal, in which the issue is raised and resolved by means of an evidentiary hearing. [Id. pp. 841-842.]