Court of Criminal Appeals of Texas
John Lee Shute, Appellant v. the State of Texas, Appellee
January 6, 19881988 Tex. Crim. App. LEXIS 2
Summary
The Court of Criminal Appeals of Texas affirmed the lower Court of Appeals' dismissal of John Lee Shute's appeal for want of jurisdiction, holding that the clerk's reduction of an oral notice to a written form does not satisfy the written notice requirement of Tex.R.App.Pro. 40(b)(1). The majority reasoned that the new appellate rules expressly require a written notice filed by the appellant or counsel, and oral notice is no longer permissible. A dissent argued that the rule does not demand an independent written notice and that the clerk's document should suffice. A concurrence joined the majority in affirming the dismissal.