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.