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Roberts v. State

Court of Criminal Appeals of Texas
Mar 11, 1970
451 S.W.2d 516 (Tex. Crim. App. 1970)

Opinion

No. 42820.

March 11, 1970.

Appeal from the County Criminal Court No. 2, Dallas County, Dean Gauldin, J.

No attorney on appeal for appellant.

Jim D. Vollers, State's Atty., Austin, for the State.


OPINION


The offense is driving while intoxicated; the punishment, a fine of $150 and 5 days.

We are confronted with the same problem that we were confronted with in Bedell v. State, Tex.Cr.App., 443 S.W.2d 850 and cases there cited. See also Stuart v. State, Tex.Cr.App., 445 S.W.2d 743.

It appears from the record that the sentence was untimely and improperly pronounced. See Article 42.03, Vernon's Ann.C.C.P. If, however, sentence was properly pronounced, then notice of appeal was not given within ten days thereafter as required by Article 44.08, V.A.C.C.P.

It is clear that for either reason the appeal must be dismissed.

It is so ordered.


Summaries of

Roberts v. State

Court of Criminal Appeals of Texas
Mar 11, 1970
451 S.W.2d 516 (Tex. Crim. App. 1970)
Case details for

Roberts v. State

Case Details

Full title:James Elmer ROBERTS, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Mar 11, 1970

Citations

451 S.W.2d 516 (Tex. Crim. App. 1970)