
    55368.
    SCOTT v. THE STATE.
    Argued February 2, 1978
    Decided March 9, 1978.
    Tony W. Scott, pro se.
    
    
      J. Lane Johnston, District Attorney, for appellee.
    
      James C. Bonner, Jr., amicus curiae.
   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.  