Donley v. State

ON APPELLANT’S MOTION FOR REHEARING

WOODLEY, Judge.

Since both the state and the appellant seek dismissal of this appeal, it will be dismissed.

We express no opinion at this time on the question of whether, prior to the filing of the transcript on appeal, a trial court is divested of all jurisdiction when the term expires during which notice of appeal was entered without the judgment rendered and sentence pronounced having been entered by the clerk on the court’s minutes. Authorities are abundant that when this court acquires jurisdiction, upon the filing of the transcript on appeal, the trial…