STATE v. DYE

Granted. Appeal reinstated. Case remanded to Court of Appeal.

CALOGERO and LEMMON, JJ., concur. Normally the trial court should entertain post-conviction habeas for ineffective assistance of counsel and requests for out-of-time appeal. State v. Counterman, 475 So.2d 336 (La. 1985). This relator is so clearly entitled to relief, an out of time appeal, that we concur in this short-cut procedure.

DIXON, C.J., concurs. An adequate showing has been made that the delay in taking the appeal was not the fault of defendant but of his appointed counsel.