McDonald v. State

OPINION

DAVIS, Commissioner.

On original submission, this appeal was dismissed. In light of a request from the trial court that appeal be reinstated, 1 the following is substituted therefor.

The conviction is for felony theft; the punishment, four (4) years.

At the outset we are confronted with a jurisdictional problem. The sentence was pronounced on January 17, 1972. According to the trial court’s docket entries, the appellant gave notice of appeal on April 24, 1972. This was in excess of three months after the appellant was sentenced.

Article 44.08, Vernon’s Ann.C.C.P., provides that notice of…