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421 S.W.2d 668

Mink v. State

Court of Criminal Appeals of Texas

Decided October 25, 1967

Court of Criminal Appeals of Texas · decided 1967-10-25

Decided 1967-10-25

¶1OPINION

PER CURIAM.

¶2The offense is Driving While Intoxicated; the punishment confinement in the county jail for three (3)~ days and by a fine of $135.00.

¶3Sentence was pronounced on February 2, 1967, and notice of appeal was given on March 6, 1967.

¶4Notice of appeal was not given within the time prescribed by Article 44.08(c), Vernon’s Ann.C.C.P., and there is nothing in the record to show that the trial court for good cause shown permitted the giving of such notice after the ten (10) days allowed had expired.

¶5The appeal is dismissed.

¶6OPINION

¶7ON APPELLANT’S MOTION TO REINSTATE APPEAL

WOODLEY, Presiding Judge.

¶8It is shown by supplemental transcript that the trial judge permitted appellant to give notice of appeal after the expiration of 10 days from the date of sentence.

¶9The motion to reinstate the appeal is granted.

¶10No brief for appellant has been filed setting forth any ground of error and we find none which should be reviewed in the interest of justice. See Art. 40.09, Sections 9 and 13, V.A.C.C.P.

¶11The judgment is affirmed.

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