Johnson v. State

420 S.W.2d 728, 1967 Tex. Crim. App. LEXIS 1087

Opinions

OPINION

BELCHER, Judge.

The conviction is for burglary; the punishment, twelve years.

Sentence was pronounced and notice of appeal was given October 7, 1966.

The record on appeal has not been prepared and approved as required by Art. 40.09, Vernon’s Ann.C.C.P.

The endorsement of the presiding judge on the statement of facts, “examined, approved, and ordered filed as the statement of facts” in this cause on February 24, 1967, does not comply with the requirements of Art. 40.09(7), V.A.C.C.P., that the “entire record” be approved by the court.

The time for filing the defendant’s brief does not begin to run until the approval of the record by the court. Art. 40.09(9), V.A.C.C.P.

The disposition of the appeal will be suspended to await the approval of the entire record and further proceedings which may be had in the trial court under Art. 40.09, supra, after such approval as though the record had not been filed in this court. Stoker v. State, Tex.Cr.App., 415 S.W.2d 923.

The appeal is abated.