Poole v. State

On Application for Rehearing

The appellant, Keith Eugene Poole, pleaded guilty to trafficking in cocaine and receiving stolen property. On June 15, 2005, Poole was sentenced to 10 years; that sentence was split, and he was ordered to serve two years on probation. Poole appealed. On August 9, 2005, we dismissed the appeal because the notice of appeal was untimely. Poole now moves that we reinstate his appeal. We elect to treat Poole's motion as an application for rehearing.

In Poole's motion he states that he filed a written notice of appeal in open court on July 27, 2005, forty-two days after…