an out-of-time appeal is directly appealable when the criminal conviction at issue has not been the subject of direct appeal.” English v. State, 307 Ga. App. 544, 545, n. 4 (705 SE2d 667) (2010) (citation omitted). The record here indicates that Appellant’s conviction had not been the subject of a direct appeal at the time he filed his motion for an out-of-time appeal. 5 Wetherington v. State, 296 Ga. 451, 453-454 (1) (769 SE2d 53) (2015) (citations and punctuation omitted). See also Strickland v. Washington, 466 U. S. 668, 694 (III) (3) (104 SCt 2052, 80 LE2d 674) (1984). 6 Arrington v. State, 332 Ga. App. 481 (773 SE2d 430) (2015) (citation omitted). 7 Burns v. State, 291 Ga. 547, 548 (1) (c) (731 SE2d 681) (2012); see Gibson v. State, 290 Ga. 516, 517 (2) (b) (722 SE2d 741) (2012) (<HOLDING>); Smith v. State, 287 Ga. 391, 405 (4) (697
holding that under oregon law a claim of ineffective assistance of counsel must be raised in the initial habeas proceeding 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 that an ineffective assistance of counsel claim must be raised on direct appeal when the facts supporting the claim are presented on the face of the record recognizing a constitutional claim for ineffective assistance of counsel 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