Muecke v. State

OPINION

PARKER, Judge.

Donald Muecke appeals the dismissal of his criminal appeal by the Murray County District Court for failing to pay timely the $25 clerk’s fee and failing to secure a stay of execution of his sentence. This appeal originated in county court when appellant was convicted of fourth degree assault, a misdemeanor. We reverse.

FACTS

Following an incident in which appellant bumped his truck into a moped, throwing the driver off, appellant was convicted by a jury on October 26, 1982, of fourth degree assault. On January 12, 1983, the county court judge ordered a presentence…