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MORGAN v. STATE

No. 49244.

519 S.W.2d 449 (1975)

Alex MORGAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 15, 1975.

Attorney(s) appearing for the Case

H. Tati Santiesteban and Jose Juarez, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., and Anita Ashton, Asst. Dist. Atty., El Paso, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

The original appeal in this case was dismissed for failure to give timely notice of appeal. Sentence was pronounced on October 12, 1973. Although formal written notice of appeal was not given until October 23, 1973, the docket sheet reflects that oral notice was given in open court on October 12, 1973. Article 44.08(a), Vernon's Ann.C.C.P. Therefore, the appeal is reinstated.

Appellant was convicted of possession of marihuana...

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