Franks v. State

OPINION

RUSSELL, Judge.

This ease is before us to review the action of the trial judge in overruling a petition for a suspended sentence. We hold that the action of the trial judge is not adequately supported by the record, and remand the case for a new hearing.

Dorothy Franks entered a plea of guilty to a charge of selling a schedule II controlled substance, and was sentenced to the minimum of not less nor more than four years in the penitentiary. Appeal of the conviction was expressly waived and she was permitted to remain on bond pending the filing of and hearing upon a petition for a…