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MILLER v. STATE

No. 45372.

479 S.W.2d 285 (1972)

Gerald Raymond MILLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 3, 1972.

Attorney(s) appearing for the Case

No Attorney on Appeal for appellant.

Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for the misdemeanor offense of driving an motor vehicle upon a public highway while intoxicated; the punishment, five days confinement in the Dallas County Jail and a fine of $250.00.

The State has filed a motion requesting the dismissal of this appeal because the notice of appeal was not timely made or in the alternative, the sentence was prematurely pronounced, contrary to Articles 42.03, 40.05 and...

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