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DE LA PAZ v. STATE

No. 40822.

424 S.W.2d 230 (1967)

Jose DE LA PAZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion to Re-Instate Appeal January 17, 1968.

Rehearing Denied March 6, 1968.

Attorney(s) appearing for the Case

Samuel K. Wasaff, El Paso, for appellant.

Jack N. Fant, County Atty., LeBron Hardie, Jr., Asst. County Atty., El Paso, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is drunk driving; the punishment, 3 days in jail and a fine of $150.

Trial was before the court on a plea of not guilty.

Notice of appeal was given prior to sentence.

Article 44.08 Vernon's Ann.C.C.P. requires that notice of appeal, necessary as a condition for perfecting an appeal to this court, shall in cases such as this be given or filed within ten days after sentence is pronounced...

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