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  5. 763 S.W.2d 62 (1988)
 

DE LA GARZA v. STATE

No. 13-88-445-CR.

763 S.W.2d 62 (1988)

Alberto DE LA GARZA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

December 30, 1988.

Attorney(s) appearing for the Case

Guadalupe Olvera, III, Brownsville, for appellant.

Ben Euresti, Jr., Dist. Atty., Brownsville, for appellee.

Before the court en banc.

OPINION

UTTER, Justice.

Appellant was convicted of delivering marihuana and sentenced to serve 20 years in the Texas Department of Corrections. Appellant was sentenced in open court on July 28, 1988. No motion for new trial was filed. Pursuant to Tex.R.App.P. 54(b), the statement of facts was due to be filed in this Court by September 26, 1988. No statement of facts was filed by that date.

Tex.R.App.P. 54(c) provides that an extension of time may...

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