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CRUZ v. STATE

No. 45825.

491 S.W.2d 914 (1973)

Armando CRUZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 28, 1973.

Attorney(s) appearing for the Case

Jerry Johnson and O'Neal Dendy, San Angelo, for appellant.

John H. Green, Dist. Atty., and John Hoestenbach, Jr., Asst. Dist. Atty., San Angelo, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

This conviction is for sale of heroin, a narcotic drug. Punishment was assessed at twenty years.

A jurisdictional problem is raised by the record. Judgment was entered October 23, 1970. A motion for new trial was filed November 12, 1970. The record contains no order overruling this motion, but it was impliedly overruled when the appellant was sentenced on November 30, 1970. There is nothing in the record indicating that...

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