MORRISON, Presiding Judge.
The offense is burglary with the intent to commit the crime of rape; the punishment, six years.
The statement of facts was filed more than 90 days after the notice of appeal was given. Appellant asks that we consider the statement of facts, even though filed too late, and attached to his motion an affidavit of the court reporter from which we quote the pertinent portion, as follows:
"Counsel for the defendant has duly made...
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