Ruff v. State

Evans, Judge.

Defendant was indicted, tried and convicted of aggravated sodomy. On February 13, 1973, he was sentenced to serve five years. Motion for new trial was filed, supersedeas granted, and defendant given until the final hearing to prepare and file the transcript. The transcript was thereafter filed on March 20, 1973. On March 29, 1974, over one year later, when his original trial defense counsel wished to withdraw the motion and his present defense counsel did not wish to pursue or argue the motion, the court held the motion for new trial was abandoned. Within 30 days of this order…