Ochoa v. State

OPINION

DAVIS, Commissioner.

This is an attempted appeal from an order revoking probation wherein appellant stands convicted of the primary offense of burglary of a building. The punishment is imprisonment for three years. We have concluded that we lack jurisdiction and dismiss the appeal.

The record reflects that probation was revoked and sentence was pronounced on September 8, 1975. An original motion for new trial was filed on September 17, 1975, and the motion was amended on October 6, 1975. See Art. 40.05, Vernon’s Ann.C.C.P. These motions were overruled on October 24, 1975, and notice of…