McDaniel v. State

OPINION

MORRISON, Judge.

The offense is breaking and entering an automobile with the intent to commit theft; the punishment, three (3) years.

A prior appeal of this conviction was dismissed for the want of a sentence, McDaniel v. State, Tex.Cr.App., 447 S.W.2d 910.

Appellant’s court appointed attorney on appeal contends that the record does not affirmatively show that appellant was personally present at the time of the hearing, if there was a hearing, on his motion for new trial. His motion for new trial was overruled by operation of law twenty days after it was filed, Steward v. State,…