Timmons v. State

OPINION

CLINTON, Judge.

This is an appeal from a conviction for misdemeanor theft in which the trial court assessed punishment at one year confinement in the Dallas County Jail and a fine of one thousand dollars. 1

After initial submission, there being no transcription of the court reporter’s notes, 2 we abated this appeal for further proceedings in accordance with Article 40.09, § 7, V.A.C.C.P. 3 Timmons v. State, 571 S.W.2d 197 (Tex.Cr.App.1978, unpublished). Those proceedings having been held and their record now before us, the appeal is reinstated for consideration of the asserted error.

Appel…