Posas v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

BELCHER, Judge.

The prior opinion is withdrawn.

The appellant, Cesario Posas, Jr., was tried before the court and found guilty of aggravated assault on a child; the punishment was assessed at 8 months in jail.

The record reflects that on April 23, 1968, the court adjudged the appellant guilty; however, the punishment was not assessed until May 24, 1968, and the appellant was sentenced that day. On June 3, 1968, the tenth day after the judgment on May 24, the appellant filed his motion for a new trial. Art. 40.05, Vernon’s Ann.C.C.P. The appellant did…