Cruz v. State

OPINION

GREEN, Commissioner.

This conviction is for sale of heroin, a narcotic drug. Punishment was assessed at twenty years.

A jurisdictional problem is raised by the record. Judgment was entered October 23, 1970. A motion for new trial was filed November 12, 1970. The record contains no order overruling this motion, but it was impliedly overruled when the appellant was sentenced on November 30, 1970. There is nothing in the record indicating that notice of appeal was given within ten days as contemplated by Article 44.08, Vernon’s Ann.C.C.P. and there are no notations on the docket sheet of…