Lee v. State

Appellant Smokey Joseph Lee was convicted of indecency with a child and assessed punishment at ninety-nine years in *313the Texas Department of Corrections. Although appellant is represented by counsel, he moves pro se to abate or dismiss his appeal without prejudice because he did not give notice of appeal within fifteen days of the overruling of his motion for new trial.1 Because appellant raises a jurisdictional question which we could raise on our own motion, we address appellant’s contention even though he is now represented by counsel.

On October 3, 1984, appellant was sentenced and gave…