Ditto v. State

OPINION

STONE, Justice.

The central issue presented in this appeal is whether appointment of counsel is timely when it is made six days before a pending motion for new trial is overruled by operation of law. We find that the appointment is not timely and thus abate the appeal and remand the cause for a hearing on appellant’s motion for new trial. Appellant Anthony Ray Ditto appeals his conviction for aggravated sexual assault and indecency with a child. Appellant was indicted on two counts of aggravated sexual assault, a first degree felony, and two counts of indecency with a child, a second…