Miller v. State

OPINION

DALLY, Commissioner.

The conviction is for the misdemeanor offense of driving a motor vehicle upon a public highway while intoxicated; the punishment, five days confinement in the Dallas County Jail and a fine of $250.00.

The State has filed a motion requesting the dismissal of this appeal because the notice of appeal was not timely made or in the alternative, the sentence was prematurely pronounced, contrary to Articles 42.03, 40.05 and 41.02, Vernon’s Ann.C.C.P.

The appellant, represented by retained counsel, waived a jury trial and entered a plea of guilty before the court on October…