Clark v. State

Benham, Judge.

Although charged with murder, felony murder and aggravated assault, appellant was convicted of voluntary manslaughter on March 26, 1986. He filed a motion for new trial which was overruled on June 2, 1986. In his notice of appeal, originally filed in the Supreme Court on August 29, 1986, he acknowledged that his appeal was untimely and stated that the district attorney had consented to the out-of-time appeal. The notice was signed by the district attorney. However, the record contains no motion for out-of-time appeal, nor is there an order from the trial court permitting the…