Court of Criminal Appeals of Texas

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

January 15, 19921992 Tex. Crim. App. LEXIS 10

Summary

The Court denied the relator's mandamus petition, holding that the State's notice of appeal was not timely under Article 44.01(d) and Rule 41(b)(1) and therefore the clerk had no ministerial duty to file the appeal. Two dissenting opinions argued that "entered by the court" means the clerk's entry, which would make the appeal timely.