Gonzales v. State

OPINION

ON APPELLANT’S MOTION FOR REHEARING

ONION, Judge.

The offense is use of profane language over the telephone; the punishment, 3 months in jail and a $500 fine.

Our prior opinion is withdrawn.

We now observe that we are confronted with a problem similar to that recently discussed in Adams v. State, Tex.Cr.App., 440 S.W.2d 844.

The record reflects that sentence in the case at bar was pronounced on May 27, 1968, the same day the case was tried and judgment entered. The written instruments styled judgment and sentence were filed of record on June 3, 1968. On this same date appellant filed his…