Scott v. State

Banke, Presiding Judge.

After reversal of a first conviction for armed robbery because of an improper jury instruction, the appellant was again tried and convicted on the charge. Following the denial of his motion for new trial, the appellant filed a motion for appointment of new counsel and for leave to amend the motion for new trial. The trial judge appointed new counsel and granted the motion for leave to amend, treating it as a motion for an out-of-time appeal from the denial of the motion for new trial. The appellant’s counsel thereafter filed a notice of appeal, resulting in docketing in…