Court of Criminal Appeals of Texas, 1970

Brown v. State

Brown v. State
Court of Criminal Appeals of Texas · Decided January 21, 1970 · Onion
449 S.W.2d 257 (South Western Reporter, Second Series)

Brown v. State

Opinion of the Court

OPINION

ONION, Judge.

The offense is driving while license suspended; the punishment, a fine of $100.00.

We are confronted with the same problem that we were confronted with in Be-dell 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, 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 December 31, 2025. Source: CourtListener bulk data.