Hughes v. State
This text of 267 S.W.2d 836 (Hughes 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.
Opinion
The former appeal of this case, Hughes v. State, Tex.Cr.App., 262 S.W.2d 506, was dismissed because no sentence appeared to have been pronounced against appellant.
This record shows that sentence was pronounced upon appellant while the above appeal was pending in this court. The trial court is without authority to enter a sentence during the pendency of an appeal. Therefore, no legal sentence áp-pearing in the record, it is the duty of this court to again dismiss the appeal. Le Bove v. State, 146 Tex.Cr.R. 157, 172 S.W.2d 342, and authorities therein cited.
After this appeal has become final, the trial court would be authorized to enter the proper sentence. Arts. 828, 772, C.C.P.; Hinman v. State, 54 Tex.Cr.R. 434, 113 S.W. 280.
The appeal is dismissed.
Opinion approved by the Court
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
267 S.W.2d 836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-state-texcrimapp-1954.