CARLEY, Judge.
Appellant was convicted of the offense of theft by receiving stolen property at the July, 1977 term of the Forsyth Superior Court. The trial court sentenced appellant to a term of ten years, the initial five years of which were to be served in a state penal institution with the remaining five years to be served on probation. Appellant's conviction was affirmed by this court on October 5, 1978. Burns v. State,
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