Gates v. State
Carter Lee GATES, Appellant, v. STATE of Texas, Appellee
Opinion
MORRISON, Presiding Judge.
The offense is driving while intoxicated; the punishment, 5 days in jail and a fine of $100.
This is an attempted appeal. The fine has been satisfied, the jail term served, and the term of court ended. This Court has no jurisdiction to entertain such appeal. Article 826, Vernon’s Ann.C.C.P.
Treated as an original application for writ of habeas corpus, we find no merit in appellant’s contention that the judgment is void because he was not present when his motion for new trial was overruled. Had the court not acted on his motion for new trial, it would have been overruled by operation of law within 20 days after its filing. Article 755, V.A.C.C.P., and Barton v. State, 165 Tex.Cr.R. 582 , 310 S.W.2d 90 .
The appeal is dismissed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(holding judgment of conviction was not void when defendant was not present when his motion for new trial was overruled because motion would have been overruled by operation of law if the court had not acted on it)
Cited by 6 cases
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