Penhaker v. State

OPINION

LEVY, Justice.

Appeal is taken from a conviction for the felony offense of possession of methaqual-one with intent to deliver, enhanced by a prior felony conviction for theft. A jury convicted appellant, found the enhancement paragraph to be true, and sentenced him to 12 years imprisonment and a $5,000 fine.

We find that the notice of appeal was premature and therefore the appeal must be dismissed for want of jurisdiction. The record reflects that the appellant was sentenced on April 13, 1984. Written notice of appeal was given on April 25, 1984. However, a motion for new trial was…