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' decision that it lacked jurisdiction because the appellant failed to file a timely, independent written notice of appeal as required by Tex.R.App.Pro. 40(b)(1). The majority held that the clerk's acknowledgment of an oral notice does not satisfy the rule. A dissent argued that the clerk's written acknowledgment should suffice and that the rule should not impose an independent filing requirement. A concurrence agreed with the majority's conclusion.