Babers v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for the offense of rape. Appellant was tried before a jury and punishment was assessed at 150 years.

Initially, we note that the record was approved by the trial court on September 9, 1971, and appellant’s brief was not filed until January 12, 1972. Therefore, appellant did not comply with Article 40.09, Section 9, Vernon’s Ann.C.C.P., which states that the appellant’s brief must be filed with the clerk of the trial court within thirty days after approval of the record by the court, or within such additional period as the court, in its…