McZeal

This appeal stems from notice of appeal in the form of a letter written by the defendant stating, in part: “I am writing this letter to appeal the sentence, I received in your court, Thursday the 4th.”

Appellant was charged by complaint filed in the municipal court with six counts of robbery. Counts I through V charged that at the time of the commission of the offenses appellant was armed with a deadly weapon, to wit: an automatic pistol. Appellant, represented by counsel, pleaded guilty to Count I and the remaining counts were dismissed. Appellant was then certified to the superior court for further proceedings. There appellant reiterated his plea of “guilty” and made application for probation. A hearing date for this application was set by the court and the clerk’s minutes contain this notation: “Will admit or deny being armed at Probation Hearing or Court will determine.” At the subsequent hearing, after some discussion between the court and counsel concerning the character of the object displayed as a weapon at the time of the robbery, the judge denied probation and after pronouncing judgment and sentence, made this statement: “The court fixes the degree as first degree, the…