Mitchell v. State

Birdsong, Judge.

Ronnie C. Mitchell was convicted of kidnapping with bodily injury, rape and auto theft. He was sentenced to serve two life sentences and seven years, respectively, all concurrently. He brings this appeal enumerating two asserted errors. Held:

1. Initially we note that the trial court denied a motion for new trial on May 21,1980, which was based on the general grounds as well as on an asserted erroneous omission to charge. The notice of appeal, denominated “out of time” was not filed until August 11, 1980, a matter of more than 50 days. Nevertheless, the trial court forwarded…