Turner v. State

The appellant pled guilty to the offense of burglary in the second degree. The court accepted his plea and sentenced him to three years' imprisonment on February 15, 1978. On that same date a probation hearing was scheduled and eventually held on May 5, 1978. Probation was denied and on May 11, 1978, the appellant gave written notice of appeal "from his conviction and notice of appeal from his denial of probation".

Notice of appeal must be filed in the trial court within forty-two days after the entry of the sentence appealed from. Rule 4 (b), Alabama Rules of Appellate Procedure. This is a…