McCoy v. State

Banke, Presiding Judge.

McCoy appeals his convictions of burglary and theft by taking. Held:

1. The first issue which presents itself is whether the appeal must be dismissed as untimely filed. The record discloses that the appellant was convicted and sentenced on October 28, 1986, but that his notice of appeal was not filed until December 17, 1986. In response to an objection made by the state to the timeliness of the notice of appeal, the trial judge made a specific finding that the delay was attributable to the “court’s lack of direction as to whether the . . . public defender ... or the…