White v. State

OPINION

HUTSON-DUNN, Justice.

The issue in this case is whether appellant, Charlie Coleman White, is entitled to a new trial because the statement of facts from his trial has been lost or destroyed. We reverse and remand.

On March 5, 1987, appellant was convicted of delivery of cocaine and sentenced to 35-years confinement. No appeal was filed at the time of conviction.1 On November 9, 1994, over seven years after his conviction, appellant was granted an out-of-time appeal by the Court of Criminal Appeals and attor*80ney Brian W. Wice was appointed to represent appellant on appeal.

On April 7, 1995,…