GRAVES, Presiding Judge.
Appellant was convicted of misdemeanor theft with two prior convictions. His punishment was assessed at confinement in the county jail for a term of eight years.
This appeal was perfected after the effective date of Article 759a, Vernon's Ann. C.C.P., Section 4 of which reads as follows:
"The defendant shall file said Statement of Facts, in duplicate, with the clerk of the trial court within ninety (90) days after the date...
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