Robinson v. State

Court of Criminal Appeals of Texas

Robinson v. State

450 S.W.2d 645, 1970 Tex. Crim. App. LEXIS 1298

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 28, 1970

DocketNo. 42732

StatusPublished

Cited by1 cases

This text of 450 S.W.2d 645 (Robinson 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.

Bluebook

Robinson v. State, 450 S.W.2d 645, 1970 Tex. Crim. App. LEXIS 1298 (Tex. 1970).

Pincite

Opinion

[646]*646OPINION

ONION, Judge.

The offense is possession of barbiturate; the punishment, a $225.00 fine.

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, Vernon’s Ann. C.C.P.

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

It is so ordered.

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