LOVETT v. STATE

No. 58565.

571 S.W.2d 194 (1978)

Clyde Wayne LOVETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

September 27, 1978.


Attorney(s) appearing for the Case

Charles C. Orsburn, Joseph Paul McGuffy, Houston, for appellant.

Carol S. Vance, Dist. Atty., Alvin M. Titus and Robert N. Burdette, Asst. Dist. Attys., Houston, for the State.

Before ODOM, VOLLERS and W. C. DAVIS, JJ.


OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated rape; punishment was assessed by the court at twelve years.

We are confronted at the outset with defects in the record that require dismissal. The sentence was pronounced immediately upon the heels of assessment of punishment without waiver of the time allowed by statute for motion for new trial or in arrest of judgment. Although the docket sheet and form sentence recite "ten...

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