Vale v. State

Court of Criminal Appeals of Texas

Vale v. State

491 S.W.2d 671, 1973 Tex. Crim. App. LEXIS 2295

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 14, 1973

DocketNo. 45764

StatusPublished

Cited by3 cases

This text of 491 S.W.2d 671 (Vale 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

Vale v. State, 491 S.W.2d 671, 1973 Tex. Crim. App. LEXIS 2295 (Tex. 1973).

Pincite

Opinion

OPINION

ODOM, Judge.

Appellant entered a plea of guilty before a jury to the offense of unlawful sale of a narcotic drug, to-wit: heroin. The punishment was assessed at twenty-five years and this appeal is taken.

It is noted that appellant’s retained counsel filed his appellate brief with the clerk of the trial court on Tuesday, March 14, 1972. The trial court had entered an order extending the time to file the brief until Monday, March 13, 1972. Therefore, Article 40.09, Section 9, Vernon’s Ann.C.C.P. was not complied with. Such Article requires that the brief be filed with the clerk of the trial court within thirty days after approval of the record by the court, or within such additional period as the court may in its discretion authorize. Stembridge v. State, Tex.Cr.App., 477 S.W.2d 615.

The brief not being properly before us, the grounds of error alleged therein will not be discussed. The record has been reviewed to determine if any matters should be considered in the interest of justice pursuant to Article 40.09, Section 13, V.A.C.C.P., and it is concluded that there are none.

The judgment is affirmed.

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OPINION

ODOM, Judge.

Appellant entered a plea of guilty before a jury to the offense of unlawful sale of a narcotic drug, to-wit: heroin. The punishment was assessed at twenty-five years and this appeal is taken.

It is noted that appellant’s retained counsel filed his appellate brief with the clerk of the trial court on Tuesday, March 14, 1972. The trial court had entered an order extending the time to file the brief until Monday, March 13, 1972. Therefore, Article 40.09, Section 9, Vernon’s Ann.C.C.P. was not complied with. Such Article requires that the brief be filed with the clerk of the trial court within thirty days after approval of the record by the court, or within such additional period as the court may in its discretion authorize. Stembridge v. State, Tex.Cr.App., 477 S.W.2d 615.

The brief not being properly before us, the grounds of error alleged therein will not be discussed. The record has been reviewed to determine if any matters should be considered in the interest of justice pursuant to Article 40.09, Section 13, V.A.C.C.P., and it is concluded that there are none.

The judgment is affirmed.

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Bluebook (online)

491 S.W.2d 671, 1973 Tex. Crim. App. LEXIS 2295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vale-v-state-texcrimapp-1973.

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