Legal Opinion

DeLuna v. State

Court of Criminal Appeals of Texas

Decided February 3, 1965No. 37681PublishedCited by 2 opinions

1Opinion of the Court

The offense is possession of a narcotic drug, to-wit: marijuana; the punishment, 15 years confinement in the state penitentiary.

The record does not reflect that a sentence was imposed upon the appellant. A sentence is requisite to the appeal in ordinary felony cases and notice of appeal may be given either before or after sentence is pronounced. Art. 829, Vernon's Ann.C.C.P., Gossett v. State, 162 Tex.Crim. R., 282 S.W.2d 59; Marrero v. State, 164 Tex.Crim. R., 302 S.W.2d 134.

For the reasons stated, this Court is without jurisdiction to entertain the appeal. The appeal is dismissed.

APPELLANT'S…

2Cases cited2 opinions

  1. Gossett v. StateCourt of Criminal Appeals of Texas · 1955
  2. Marrero v. StateCourt of Criminal Appeals of Texas · 1957

3Cited by2 opinions

  1. Hollingsworth v. StateCourt of Criminal Appeals of Texas · 1967
  2. Lawrence James Jr. v. State, Texas Court of Appeals, 13th District2015

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