Barnes v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of felony theft; the punishment, enhanced under Art. 62, Vernon’s Ann.P. C., 10 years.

On May 12, 1970, the verdict of the jury was received and the court’s judgment filed. On May 20, 1970, appellant requested the trial court to appoint an attorney on appeal; whereupon, Honorable Tom Briggs was appointed and appeared with appellant when he was sentenced on August 28, 1970. Notice of appeal was given.

Pursuant to Article 40.09, Sec. 9, Vernon’s Ann.C.C.P., counsel filed an appellate brief which he prefaced with the following…