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that, under agency principles, a client bears the risk of attorney error for such matters as filing deadlines unless the error amounts to ineffective assistance in violation of the client's constitutional right to counsel).” Overrules cases that “may be read to allow an out-of-time appeal for reasons of non-constitutional significance” – “ Johnson v. State, 182 Ga.App. 477, 477–478 (356 S.E.2d 101) (1987), and Mitchell v. State, 157 Ga.App. 181, 182 (276 S.E.2d 864) (1981).” Skipper v. State, 310 Ga.App. 246, 712 S.E.2d 637 (June 22, 2011). Cocaine trafficking conviction affirmed; defendant wasn’t entitled to out-of-time appeal based on ineffective assistance rendered prior to and during entry of guilty plea. For out-of-time appeal, defendant “has ‘to show that he actually had a right to file a timely direct appeal which was frustrated by the ineffective assistance of his counsel.’ (Citation and punctuation omitted; emphasis in original.) Barnes v. State, 274 Ga. 783 (559 S.E.2d 446) (2002).” Marion v. State, 287 Ga. 134, 695 S.E.2d 199 (May 3, 2010). Trial court properly denied defendant’s motion for out-of- time appeal without evidentiary hearing. “If the issues that a defendant raises in a motion for out-of-time appeal can be resolved against him based upon the existing record, there is no error in denying the motion. Brown v. State, 280 Ga. 658, 659 (631 S.E.2d 687) (2006).” Indictment here sufficiently set out the offense of malice murder, contrary to defendant’s contention. Accord, Stephens v. State , 291 Ga. 837, 733 S.E.2d 266 (October 15, 2012) (defendant’s claims of defects in the indictment could be resolved against him on the record, so trial court could deny his motion for out-of-time appeal without evidentiary hearing); Rhodes v. State , 296 Ga. 418, 768 S.E.2d 445 (January 20, 2015). Harwood v. State, 303 Ga.App. 23, 692 S.E.2d 665 (February 23, 2010). After guilty plea to voluntary manslaughter, defendant couldn’t pursue out-of-time appeal based on claims “(1) that the state's notice of intent to seek the death penalty was untimely; [or] (2) that re-arraignment ‘had no legal meaning,’ since it did not cure the state's procedural error.” “ Once a defendant has solemnly admitted in open court that he is in fact guilty of the offense charged, he may not thereafter raise independent claims alleging the deprivation of constitutional rights that occurred prior to the entry of the guilty plea. Addison v. State, 239 Ga. 622, 624 (238 S.E.2d 411) (1977). With a few limited exceptions, a plea of guilty generally waives all defenses except that based on the knowing and voluntary nature of the plea. Edmond v. State, 214 Ga.App. 707, 708(1) (448 S.E.2d 775) (1994).” Ingram v. State, 300 Ga.App. 834, 686 S.E.2d 440 (November 6, 2009). Denial of defendant’s pro se motion for out-of- time appeal reversed; where defendant alleged that the failure to file a timely appeal was the fault of counsel who “abandoned” him, trial court erred in denying the motion “without permitting him or his attorney to testify regarding who was at fault for failing to timely appeal from the convictions.” Trial court instead repeatedly inquired why defendant waited five years to file his own motions. “[ T]he mere passage of time does not preclude a defendant from pursuing an out-of-time appeal. [ Nesbitt v. State, 295 Ga.App. 394, 395-396 (671 S.E.2d 877) (2008)].” Golden v. State, 299 Ga.App. 407, 683 S.E.2d 618 (July 17, 2009). Defendant was not entitled to out-of-time appeal on his guilty plea to child molestation based on: prior affidavit from child victim’s mother, stating her desire not to prosecute; typographical error in Georgia code citation in arrest warrant; variation in allegations between arrest warrant and indictment; or matters not appearing in the record relating to claimed ineffectiveness of counsel, prejudice from withdrawal of counsel; revocation of pre-trial bond, or claims of mental incompetency. Duncan v. State, 297 Ga.App. 499, 677 S.E.2d 691 (March 31, 2009). Trial court properly denied defendant’s motion for out of time appeal; record showed that defendant specifically instructed his attorney not to appeal and relieved him of further duties. “In addition, despite the fact that Duncan's trial counsel informed him of the appeal deadline, Duncan waited 18 years before filing his motion for an out-of-time appeal. [Cits.]” Cobb v. State, 284 Ga. 74, 663 S.E.2d 262 (June 30, 2008). Trial court erred in denying defendant’s motion for out-of- time appeal from denial of motion to withdraw guilty plea. “In denying Cobb’s motion for an out-of-time appeal, the trial court cited Rice v. State, 278 Ga. 707 (606 S.E.2d 261) (2004). However, Rice involves a motion for an out-of-time appeal from the judgment of conviction and sentence entered on a guilty plea. Here, Cobb seeks an out-of-time appeal from the denial of his motion to withdraw his guilty plea. Therefore, the controlling authority is Carter v. Johnson, 278 Ga. 202, 204(2) (599 S.E.2d 170) (2004). Carter recognizes the existence of the right to appeal directly from the denial of a motion to withdraw a guilty plea, and further holds that, where that right is frustrated either through counsel’s negligence or through the trial court’s failure to inform the defendant of his right to appeal, the remedy is an out-of-time appeal. The record shows that, when the trial court denied Cobb’s motion to withdraw his guilty plea in 1997, it did not inform him of the right to file a direct appeal. Therefore, the order in this case must be reversed, and the case ‘returned to the [trial] court