DeMary v. State

OPINION

DICE, Judge.

The conviction is for negligent homicide in the first degree; the punishment, a fine of $1,000.

The record on appeal does not include a sentence pronounced by the court, as required by Art. 40.09-1, C.C.P.

Art. 42.02, C.C.P., provides that a sentence must be pronounced and entered of record in every felony case and in every misdemeanor case except where the maximum possible punishment is by fine only.

Art. 42.04, C.C.P., requires that sentence be pronounced before an appeal is taken in a case of this nature.

If a sentence was in fact pronounced in the case but there was a…