Black v. State

Court of Criminal Appeals of Texas
Black v. State, 473 S.W.2d 469 (Tex. Crim. App. 1971)
1971 Tex. Crim. App. LEXIS 1418
Morrison

Black v. State

Opinion

OPINION

MORRISON, Judge.

The offense is unlawfully carrying a prohibited weapon; the punishment, a fine of $350.00.

A sentence must be pronounced in every felony case and in every misdemeanor case except where the maximum possible punishment is by fine only. Art. 42.02, Vernon’s Ann.C.C.P. Further, the sentence in a case like that at bar shall be pronounced before the appeal is taken. Art. 42.04, V.A.C.C.P.

The record before us does not include a sentence pronounced by the court below as required by Article 40.09, Section 1, V.A.C.C.P. While the record does contain a judgment, it is to be remembered that a sentence is separate and independent. Botley v. State, Tex.Cr.App., 467 S.W.2d 267 (1971). Where a necessary sentence does not appear in the transcript, the appeal will be dismissed. Clemons v. State, Tex.Cr.App., 414 S.W.2d 940 (1967); Hodges v. State, Tex.Cr.App., 417 S.W.2d 178 (1967); Adams v. State, Tex.Cr.App., 440 S.W.2d 844 (1969).

It is so ordered.

Reference

Full Case Name
Herman Lee BLACK, Appellant, v. the STATE of Texas, Appellee
Cited By
7 cases
Status
Published