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DAVIS v. STATE

No. 11-84-092-CR.

688 S.W.2d 702 (1985)

Leethard Talley DAVIS, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied April 25, 1985.

Attorney(s) appearing for the Case

C.R. Kit Bramblett, Bramblett & Bramblett, El Paso, for appellant.

Steven W. Simmons, Dist. Atty., El Paso, for appellee.

ON STATE'S MOTION FOR REHEARING

PER CURIAM.

The State has now brought to this Court's attention the fact that appellant did not give timely notice of appeal. We dismiss the appeal.1

Appellant gave oral notice of appeal in open court at the time he was sentenced on April 29, 1983. The record also shows that, later on that same day, appellant attempted to withdraw the oral notice...

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