Black v. State
Cases that cite this one
6 later published cases cite this decision.
- Ex Parte Shields (Tex. Crim. App. 1977)
- Woods v. State (Tex. Crim. App. 1976)
- Nealy v. State (Tex. Crim. App. 1973)
- Baker v. State (Tex. Crim. App. 1973)
- Cruz v. State (Tex. Crim. App. 1973)
- Mennis v. State (Tex. Crim. App. 1973)
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.