Toney v. State

OPINION ON APPELLANT’S AFFIDAVIT AND MOTION TO DISMISS APPEAL

ONION, Presiding Judge.

Appellant was convicted in a bench trial for driving a motor vehicle upon a public highway while intoxicated. Punishment was assessed at six (6) months in the county jail and a fine of $50.00. The judgment was affirmed by this court in a per curiam and unpublished opinion on February 25, 1976. Six days prior to this court’s opinion, the appellant filed in the trial court an affidavit and motion to dismiss the appeal. The motion was addressed to this court, but was filed in the trial court, which no longer had…