State of Texas ex rel. Ronald L. Sutton, Relator v. Susan K. Bage, Respondent

Summary

The Court of Criminal Appeals denied the State's petition for a writ of mandamus, holding that the clerk had no ministerial duty to file the State's appeal because the notice of appeal was not timely under Article 44.01(d) and Rule 41(b)(1) as interpreted in State v. Rosenbaum. The dissenting judges argued that "entered" means the clerk's entry, which would make the appeal timely and impose a duty to file.