Ex Parte Ferrell

DISSENTING OPINION

McDONALD, Presiding Judge.

The re-sentencing proceedings were instituted after the effective date of the Code of Criminal Procedure, 1965, the provisions of which are therefore applicable to those proceedings. Article 1.02, V.A.C.C.P.

Article 42.06, V.A.C.C.P. provides:

“If there is a failure from any cause whatever to enter judgment and pronounce sentence, the judgment may be entered and sentence pronounced at any subsequent time, unless a new trial has been granted, or the judgment arrested, or an appeal has been taken. Any time served or punishment suffered from the time the…