The State of Texas, Appellant v. Robert A. Muller, Appellee

Summary

The Court held that Texas Code of Criminal Procedure art. 44.01 requires the elected prosecuting attorney to personally sign or expressly authorize a notice of appeal within the fifteen‑day filing period, rendering the original notice in this case defective; consequently the appellate court lacked jurisdiction and its decision was reversed and the case remanded to the trial court. Justice Miller concurred in the result but criticized the majority’s analytical approach and urged consideration of legislative history.