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398 S.W.2d 569

Walters v. State

Court of Criminal Appeals of Texas

Decided February 2, 1966

Court of Criminal Appeals of Texas · decided 1966-02-02

Cited by 1 later decisions — most recently February 1973

1 state decisions

Relies on Hoskins v. State · Holdman v. State · Malek v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1966-02-02

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McDONALD, Presiding Judge.

¶1The offense is burglary with two prior convictions for felonies less than capital; the punishment, confinement for life in the Texas Department of Corrections.

¶2We have before us a statement of facts filed with this Court on November 11, 1965, which is ten months after notice of appeal was given on September 28, 1964. The judgment was rendered on July 9, 1964. There were no extensions of time in which to file the statement of facts. It was approved by counsel for the state and the appellant, but the trial judge did not approve it. Under the law in effect on that date, the statement of facts is not before this Court for review. Art. 759a, Vernon’s Ann. C.C.P.; Mobley v. State, Tex.Cr. App., 366 S.W.2d 558; Hoskins v. State, Tex.Cr.App., 373 S.W.2d 248; Malek v. State, Tex.Cr.App., 385 S.W.2d 389. An appeal is governed by the law in effect on the date of judgment, Holdman v. State, Tex.Cr.App., 399 S.W.2d 361.

¶3The contentions advanced by appellant’s counsel in his brief cannot be appraised in the absence of a statement of facts.

¶4All proceedings appear to be regular. Nothing is presented for review.

¶5The judgment is affirmed.

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