State v. Tate

A jury found defendant, Vivian E. Tate, also known as Vivian E. Johnson, guilty of second degree forgery. She was thereupon so adjudged and thereafter sentenced to imprisonment for a term of not less than 3 nor more than 10 years. Subsequently, she was granted post conviction relief by being permitted to file this appeal on the ground she had been improvidently deprived of her right to a timely direct appeal. Defendant assigns as errors to the court trying her (1) the failure of that court to dismiss the charge at the close of the State’s case and (2) the sentence, claiming it to be excessive…