Scott v. State

*916OPINION ON APPELLANT’S MOTION FOR REHEARING

ONION, Judge.

On original submission this appeal from an order revoking probation was dismissed noting that the sentence was pronounced on June 20, 1969, and that the notice of appeal was not given until July 15, 1969, which was not timely in light of Article 44.08(c), V.A.C.C.P.

On rehearing appellant urges that on the day probation was revoked (June 20, 1969) he filed a motion for new trial which was overruled on July 15, 1969; that the sentence did not become final until the motion for new trial had been overruled; that any holding to the contrary…