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408 S.W.2d 227

Lybert v. State

Court of Criminal Appeals of Texas

Decided November 16, 1966

Court of Criminal Appeals of Texas · decided 1966-11-16

Decided 1966-11-16

¶1OPINION

¶2ON MOTION TO REINSTATE APPEAL

DICE, Commissioner.

¶3Our prior opinion on motion to reinstate the appeal is withdrawn and the following substituted therefor:

¶4In a supplemental transcript it is now shown that appellant was on bail at the time of his conviction. No further bond is shown to have been required of appellant.

¶5Under the provisions of Art. 44.04 of the 1965 Code of Criminal Procedure, he was authorized to remain on such bail pending final determination of the appeal.

¶6The supplemental transcript also includes the trial court’s docket sheet containing the notation: “Sentenced.”

¶7The record on appeal does not contain a sentence, as required by Art. 40.09 of the 1965 Code.

¶8The motion to reinstate the appeal is overruled.

¶9Opinion approved by the court.

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