occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense).]” See Ga. L. 2012, pp. 899, 949, §§ 3-1, 9-1 (a). 2 In 2011, when Appellant committed the burglary at issue, the maximum sentence for a burglary conviction was 20 years. See former OCGA § 16-7-1 (a), (b). 3 See Davis v. State, 274 Ga. 865 (561 SE2d 119) (2002). 4 “The denial of a motion 177) (2010) (notingthat when, inter alia, the defendant could not show from the record that he would not have pleaded guilty if he had been properly advised about the effect of his plea on his immigration status, he was required to expand the record by filing a petition for habeas corpus). 8 Burns, 291 Ga. at 548 (1) (c) (citations omitted); Brown v. State, 290 Ga. 321, 322 (5) (720 SE2d 617) (2012)
holding that if defendant could establish ineffective assistance of counsel in failure to file petition for review in his direct appeal then appropriate remedy would be to allow filing of petition for review out of time holding that claims of ineffective assistance of counsel could not be resolved on the facts appearing in the record and that under such circumstances the defendants remedy is to file a petition for habeas corpus holding on appeal from a habeas corpus denial that counsel was not ineffective for failure to file a notice of appeal because of defendants escape holding that a claim of ineffective assistance of counsel could not be resolved by the facts in the record and must be pursued in an action for habeas corpus recognizing that there is a preference for habeas corpus proceedings over remand when the record on appeal does not establish a prima facie case of ineffective assistance of counsel