De La Garza v. State

OPINION

UTTER, Justice.

Appellant was convicted of delivering marihuana and sentenced to serve 20 years in the Texas Department of Corrections. Appellant was sentenced in open court on July 28,1988. No motion for new trial was filed. Pursuant to Tex.R.App.P. 54(b), the statement of facts was due to be filed in this Court by September 26, 1988. No statement of facts was filed by that date.

Tex.R.App.P. 54(c) provides that an extension of time may be granted for the late filing of a statement of facts:

if a motion reasonably explaining the need therefor is filed by appellant with the court of…