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BENNETT v. STATE

No. 42688.

455 S.W.2d 239 (1970)

Summie Rex BENNETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 17, 1970.

Attorney(s) appearing for the Case

Tom Upchurch, O. R. Wright, Jim Durham, Jr., Amarillo, for appellant.

Tom Curtis, Dist. Atty., and John B. Reese, Asst. Dist. Atty., Amarillo, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

PER CURIAM.

The offense is attempted burglary; the punishment, enhanced by two prior convictions, life.

Notice of appeal was not given within the time prescribed by Art. 44.08(c) Vernon's Ann.C.C.P., and there is nothing in the record to show that the trial court for good cause shown, permitted the giving of such notice after the 10 days allowed had expired.

The appeal is dismissed.

OPINION ON MOTION TO REINSTATE

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