Michael Watkins sought an out-of-time appeal after his criminal case became final, arguing that the trial court had not properly advised him of his right to appeal and that counsel had failed to protect that right. The trial court denied the motion without making the factual inquiry required to determine whether Watkins had been informed of the appeal deadline and whether counsel had consulted with him about an appeal. The Court of Appeals vacated the order. An out-of-time appeal depends on the circumstances surrounding the defendant’s knowledge, counsel’s advice, and the loss of the direct-appeal opportunity; those facts could not be resolved by a conclusory ruling. The court remanded with direction for the trial court to determine whether Watkins’s counsel informed him of his right to appeal and to make the necessary findings. His remaining arguments were moot in light of that disposition. Two judges concurred.