Guerra v. State

OPINION

UTTER, Justice.

Appellant has filed a motion for extension of time to file the statement of facts. For the following reasons, we deny the motion and will consider the appeal without a statement of facts.

Appellant pled guilty to the offense of criminal mischief and the trial court assessed punishment at five years imprisonment plus a fine. Sentence was suspended and appellant was placed on probation on August 12, 1988. No motion for new trial was filed.

Tex.R.App.P. 54(b) provides that the statement of facts “shall be filed in the appellate court within sixty days after the day sentence…