Charles Wayne Osborn was convicted in Georgia of aggravated battery, cruelty to children, and hindering an emergency phone call. After his direct appeal was not timely pursued, the Georgia Court of Appeals dismissed his later notice of appeal and advised him to seek an out-of-time appeal in the trial court. Osborn filed that motion, but the trial court denied it without a hearing. The Court of Appeals reversed and remanded with direction. Relying on Georgia precedent, it held that the trial court had to hear whether the failure to file a timely appeal resulted from a constitutional violation involving appellate counsel's failure to perform routine duties. If that failure was established, Osborn could be entitled to an out-of-time appeal. The appellate court therefore did not decide entitlement on the existing record; it required the trial court to develop the relevant facts and make the initial determination.