Burden v. State

Carley, Judge.

Appellant appeals his conviction for burglary.

1. The state has moved to dismiss the appeal based on the purported invalidity of appellant’s motion for new trial. No rule nisi was attached to the appellant’s motion for new trial. The state argues that the motion was therefore subject to dismissal and that the trial court’s order denying the motion for new trial cannot serve as a basis for filing a notice of appeal, as it was simply disposing of the void and abandoned motion. Accordingly, the state contends that the notice of appeal, although filed within 30 days after entry of…