Foley v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for the offense of passing a forged instrument, enhanced under Article 62, Vernon’s Ann. P.C., with the punishment being assessed at the mandatory five (5) years in the penitentiary.

The record on appeal contains no brief filed by appellant’s counsel. The record does contain a statement of facts which reflects that appellant was represented by court-appointed counsel at trial, who was also appointed on appeal, but was subsequently allowed to withdraw by order of the court.

The question is then presented as to whether or not the trial court…