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DUKE v. STATE

No. 43805.

462 S.W.2d 596 (1971)

Alan Wayne DUKE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 3, 1971.

Attorney(s) appearing for the Case

No attorney on appeal for appellant.

Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is driving while intoxicated, a subsequent offense; the punishment, ten days in jail and a fine of $500.00.

The record reflects that after a plea of guilty before the court, sentence was pronounced on the same day, April 27, 1970. Also, on April 27th, a motion for new trial was filed and amended. Such sentence is silent as to any waiver of the ten days in which to file a motion for new trial or in arrest of judgment...

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