¶1The offense is robbery by assault; the punishment, 25 years.
¶2The record in this case shows conclusively that appellant is not in custody and that he has not entered into a recognizance or given bond as required by law, which is in law equivalent to an escape. Jordan v. State, 59 Tex.Cr.R. 208, 128 S.W. 139.
¶3The State’s motion to dismiss the appeal is granted.