Scott v. State

Deen, Presiding Judge.

Appellant has filed a pro se out of time appeal from his conviction for burglary and sentence of twelve years.

In the court below, he filed an affidavit of poverty and a motion for appointment of counsel on appeal. This motion has never been ruled upon by the trial court.

Accordingly, this case is remanded to the trial court for a ruling on appellant’s motion.

Remanded with direction.

Smith and Banke, JJ., concur.