Menasco v. State

OPINION

DAVIS, Commissioner.

These appeals are taken from convictions for possession of marihuana. Punishment in each case was assessed by the jury at four years, probated.

Following entry of the judgment on March 28, 1972, appellants timely filed their motion for new trial on April 6, 1972. On the same day and prior to a hearing or overruling of their motion, appellants filed notice of appeal. On April 25, 1972, appellants filed an amended motion for new trial.

Article 44.08(b), Vernon’s Ann.C.C.P., provides that, in a probation case where imposition of sentence is suspended, notice of appeal…