Johnson v. State

Benham, Judge.

Tried for two counts of burglary in April of 1985, appellant was convicted of one count and acquitted of the other. Verdict and sentence were entered on April 12, 1985, and a motion for new trial was filed on April 25. Upon appointment of new counsel, a letter brief in support of the motion for new trial was filed on September 13, 1985, and an order denying the motion was entered the same day. On May 27, 1986, counsel filed with the trial court a motion for out-of-time appeal, averring by affidavit that he had not received a copy of the order denying the motion; that he had…