Smith v. State

OPINION

WOODLEY, Presiding Judge.

The appeal is from a conviction on a plea of guilty before the court to an indictment charging the misdemeanor offense of driving while intoxicated. (Art. 802 Vernon’s Ann.P.C.

The state moves to dismiss the appeal on the ground that notice of appeal was not given within 10 days after the sentence, as required by Art. 44.08 Vernon’s Ann.C. C.P., and that no good cause was shown for extending such time. (Art. 44.08(e) V. A.C.C.P.)

The record on appeal reflects that on July 10, 1968, appellant, represented by counsel, filed written waiver of a trial by jury and…