Legal Opinion

DeLuna v. State

Court of Criminal Appeals of Texas

Decided February 3, 1965No. 37681Published

1Opinion of the Court

McDONALD, Presiding Judge.

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.Cr.R. 52, 282 S.W.2d 59; Marrero v. State, 164 Tex.Cr., R. 626, 302 S.W.2d 134.

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

2Cases cited5 opinions

  1. Gossett v. StateCourt of Criminal Appeals of Texas · 1955
  2. Le Bove v. StateCourt of Criminal Appeals of Texas · 1943
  3. Hughes v. StateCourt of Criminal Appeals of Texas · 1954
  4. Hughes v. StateCourt of Criminal Appeals of Texas · 1954
  5. Marrero v. StateCourt of Criminal Appeals of Texas · 1957

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