# Brown v. State

> Court of Criminal Appeals of Texas · January 21, 1970 · 449 S.W.2d 257

URL: https://www.frixlaw.com/law-library/cases/5035329

## Case

- **Full name:** Lee Arthur BROWN v. The STATE of Texas
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** January 21, 1970
- **Citations:** 449 S.W.2d 257
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Onion
- **Judges:** Onion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5035329

## Opinion text

OPINION
ONION, Judge.
The offense is driving while license suspended; the punishment, a fine of $100.00.
We are confronted with the same problem that we were confronted with in Be-dell v. State, Tex.Cr.App., 443 S.W.2d 850 and cases there cited. See also Stuart v. State, Tex.Cr.App., 445 S.W.2d 743 .
It appears from the record that the sentence was untimely and improperly pronounced. See Article 42.03, Vernon’s Ann.C.C.P. If, however, sentence was properly pronounced, then notice of appeal was not given within ten days thereafter as required by Article 44.08, V.A.C.C.P.
It is clear that for either reason the appeal must be dismissed.
It is so ordered.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5035329. Public record. Not legal advice.