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450 S.W.2d 645

Robinson v. State

Court of Criminal Appeals of Texas

Decided January 28, 1970

Court of Criminal Appeals of Texas · decided 1970-01-28

Relies on Bedell v. State · Stuart v. State

Decided 1970-01-28

¶1*646OPINION

ONION, Judge.

¶2The offense is possession of barbiturate; the punishment, a $225.00 fine.

¶3We are confronted with the same problem that we were confronted with in Bedell v. State, Tex.Cr.App., 443 S.W. 2d 850 and cases there cited. See also Stuart v. State, Tex.Cr.App., 445 S.W.2d 743.

¶4It appears from the record that the sentence was untimely and improperly pronounced. See Article 42.03, Vernon’s Ann., C.C.P. If, however, sentence was properly pronounced, then notice of appeal was not given within ten days thereafter as required by Article 44.08, Vernon’s Ann. C.C.P.

¶5It is clear that for either reason the appeal must be dismissed.

¶6It is so ordered.

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