Dewberry v. State

MORRISON, Presiding Judge.

The offense is felony theft; the punishment, two years.

In view of our disposition of this cause, a recitation of the facts is not deemed necessary.

The transcript reveals that sentence was pronounced in the trial court and the appellant gave notice of appeal to this court. Subsequently, by order of the same court, appellant’s application to withdraw his notice of appeal was granted, and the sentence was probated; and no notice of appeal was thereafter given.

The state has urged that we affirm this conviction and hold void the order granting probation on the grounds…