Caraway v. State

417 S.W.2d 159, 1967 Tex. Crim. App. LEXIS 1032

Opinions

OPINION

MORRISON, Judge.

The offense is robbery with firearms; the punishment, 40 years in the Department of Corrections.

On September 14, 1966, appellant gave notice of appeal, filed a pauper’s oath and such - notice was entered on the docket of the Court of conviction.

On January 11, 1967, appellant’s court appointed counsel moved the trial court to permit the entry of notice of appeal. Counsel and trial court apparently overlooked Sections (d) and (e) of Article 44.08, Vernon’s Ann.C.C.P. which provide that the trial court’s docket entry of notice of appeal is sufficient compliance with such article, because the trial court overruled the motion. However, on May 5, 1967, the trial court extended the time for filing a brief on appeal, and one was filed within such time. The entire record is before this Court, and we will entertain the appeal under the notice given on September 14, 1966.

The sole ground of error presented in the brief is that appellant was denied his right to appeal.

We have examined this record and find no reversible error. If appellant’s court appointed counsel seeks to raise other grounds of error, he may set them forth in his motion for rehearing.

The judgment is affirmed.