Grimes v. State

OPINION

ONION, Judge.

The offense is driving while intoxicated; the punishment, 3 days in the county jail and a $125.00 fine.

Sentence was pronounced on August 7, 1968, the same day the case at bar was tried and judgment entered. The sentence is silent as to any waiver of the ten days in which to file a motion for new trial or in arrest of judgment. Article 42.03, Vernon’s Ann.C.C.P. Without a waiver the sentence is not to be entered until after the expiration of the time permitted by law for filing such motions. If the sentence was improperly and untimely pronounced without a waiver by…