Young v. State
This text of 254 S.W.2d 523 (Young 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
Appellant was charged by indictment with the felony offense of driving a motor vehicle upon a public highway while intoxicated, after having been convicted of the misdemeanor offense of driving while intoxicated. He waived a jury and entered a plea of guilty, whereupon judgment was entered adjudging him guilty of the offense charged and fixing his punishment at a. fine of $250.' - ■
[241]*241Notice of appeal was entered upon the overruling of appellant’s motion for new trial, but the record does not disclose that sentence has been pronounced.
The conviction being for a felony, an appeal does not lie until sentence has been pronounced. Art. 769 C.C.P.; Wilburton v. State, 77 Tex. Cr. R. 657, 179 S.W. 1169; Carlile v. State, 97 Tex. Cr. R. 477, 262 S.W. 489; Garbs v. State, 155 Tex. Crim. Rep. 290, 234 S.W. 2d 869.
The appeal is dismissed.
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Cite This Page — Counsel Stack
254 S.W.2d 523, 158 Tex. Crim. 240, 1953 Tex. Crim. App. LEXIS 1568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-state-texcrimapp-1953.