Kelley v. State

OPINION ON REHEARING

ONION, Presiding Judge.

Our prior panel opinion is withdrawn and this en banc opinion is substituted in lieu thereof.1

This is an appeal from a conviction for possession of heroin. On June 28, 1977 appellant entered a nolo contendere plea before the court, waiving trial by jury, and his punishment was assessed at seven (7) years’ confinement in the Department of Corrections.

Court-appointed counsel on appeal has filed a brief in which he has concluded that the appeal is wholly frivolous and without merit. A copy of such brief has been served upon the appellant and he has been…