Myers v. State

OPINION

ROBERTS, Judge.

By per curiam order of July 23,1975, this appeal was dismissed for failure to give timely notice of appeal. Following the filing of supplemental transcripts, however, the appeal has now been re-instated.

This is an appeal from a conviction for theft of property of the value of over $200. The punishment, enhanced by a prior conviction under Section 12.42(a), Y.T.C.A. Penal Code, was assessed at eight years.

In his first ground of error, appellant complains of the trial court’s action in overruling his motion that he be released from custody on October 20,1974, one day…