Court of Criminal Appeals of Texas, 1969

Stuart v. State

Stuart v. State
Court of Criminal Appeals of Texas · Decided October 22, 1969 · No. 42452 · Onion
445 S.W.2d 743 (South Western Reporter, Second Series)
Stuart v. State

Cases that cite this one

14 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION

ONION, Judge.

The offense is driving while intoxicated; the punishment, 10 days in the county jail and a $200 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.

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 thereof as required by Article 44.08, V.A.C.C.P.

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

It is so ordered.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.