Gardner v. State

OPINION

BROWN, Commissioner.

This is an out of timé appeal in which the appellant seeks review of an order revoking his probation for the offense of forgery, with the sentence being assessed at three (3) years in the penitentiary.

Appellant initially entered a plea of guilty to the offense of forgery and was placed on five-year probation on April 10, 1970. On June 30, 1972, the State filed its first application to revoke probation, with an amended application being submitted on December 19, 1974. The subsequent motion to revoke alleged that appellant failed to report to the probation officer,…