DeLuna v. State

It appears from the supplemental transcript that sentence in this cause was pronounced upon the appellant while the appeal was pending in this court.

Until such time as the mandate of this court has been received disposing of the appeal, the trial court is without authority to pronounce sentence in this cause. Arts. 828, 772, C.C.P.; Le Bove v. State, 146 Tex.Crim. R., 172 S.W.2d 342; Hughes v. State, 160 Tex.Crim. R., 267 S.W.2d 836.

The motion to reinstate the appeal is overruled.

Opinion approved by the Court.