Gutierrez v. State

Court of Criminal Appeals of Texas

Gutierrez v. State

386 S.W.2d 286

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 3, 1965

DocketNo. 37682

StatusPublished

Cited by1 cases

This text of 386 S.W.2d 286 (Gutierrez v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gutierrez v. State, 386 S.W.2d 286 (Tex. 1965).

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Opinion

McDONALD, Presiding Judge.

The offense is possession of a narcotic drug, to-wit: marijuana; the punishment, five years confinement in the state penitentiary.

The record in this cause is deficient in two respects. No notice of appeal is contained in the record, as required by Art. 827, Vernon’s Ann.C.C.P., Oehlers v. State, Tex.Cr.App., 367 S.W.2d 672; Monrreal v. State, Tex.Cr.App.,368 S.W.2d 948. In the absence of such notice this Court has no jurisdiction.

The record does not reflect that a sentence was imposed upon the appellant. A sentence is requisite to the appeal in ordinary felony cases and notice of appeal may be given either before or after sentence is pronounced. Art. 829, V.A.C.C.P., Gossett v. State, 162 Tex.Cr.R. 52, 282 S.W. 2d 59; Marrero v. State, 164 Tex.Cr.R. 626, 302 S.W.2d 134.

For the reasons stated, this Court is without jurisdiction to entertain the appeal. The appeal is dismissed.

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McDONALD, Presiding Judge.

The offense is possession of a narcotic drug, to-wit: marijuana; the punishment, five years confinement in the state penitentiary.

The record in this cause is deficient in two respects. No notice of appeal is contained in the record, as required by Art. 827, Vernon’s Ann.C.C.P., Oehlers v. State, Tex.Cr.App., 367 S.W.2d 672; Monrreal v. State, Tex.Cr.App.,368 S.W.2d 948. In the absence of such notice this Court has no jurisdiction.

The record does not reflect that a sentence was imposed upon the appellant. A sentence is requisite to the appeal in ordinary felony cases and notice of appeal may be given either before or after sentence is pronounced. Art. 829, V.A.C.C.P., Gossett v. State, 162 Tex.Cr.R. 52, 282 S.W. 2d 59; Marrero v. State, 164 Tex.Cr.R. 626, 302 S.W.2d 134.

For the reasons stated, this Court is without jurisdiction to entertain the appeal. The appeal is dismissed.

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386 S.W.2d 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gutierrez-v-state-texcrimapp-1965.

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