Gordon v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for burglary of a habitation, where the punishment was assessed by the jury at five (5) years’ imprisonment.

At the outset we are confronted with a question of jurisdiction called to our attention by the State in its brief filed in the trial court in accordance with Article 40.09, V.A.C.C.P.

The jury returned its verdict on July 27, 1978. On August 7, 1978, the appellant filed a motion for new trial. 1 On August 17, 1978, prior to the motion for a new trial being ruled on by the court or overruled by operation of law, appellant…