WATSON, Justice.
Defendant, Lee Arthur Simmons, was convicted on June 16, 1977, at a bench trial of aggravated battery, in violation of LSA-R.S. 14:34. He was sentenced to ten years at hard labor. No appeal was taken by defendant's counsel from the conviction and sentence, and Simmons now contends that he did not waive his right to appeal.
More than one year after trial, on August 22, 1978, Simmons applied for a transcript so that he could appeal his conviction...
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