Guy v. State

OPINION

WOODLEY, Presiding Judge.

The offense is attempted burglary; the punishment, 4 years.

Trial was before a jury on June 24, 1969, on a plea of not guilty. The court assessed the punishment.

Sentence was pronounced on July 3, 1969. On the same day motion for new trial was filed. '

On July 25, 1969, appellant was re-sentenced.

Art. 44.08, Sec. (a), Vernon’s Ann.C.C.P. provides: “It shall be necessary for defendant, as a condition of perfecting an appeal to the Court of Criminal Appeals, to give notice of appeal. This notice may be given orally in open court or may be in writing filed with the…