Court of Criminal Appeals of Texas

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

April 1, 19921992 Tex. Crim. App. LEXIS 81

Summary

The Court held that Article 44.01 requires the elected prosecuting attorney to personally make a notice of appeal within the fifteen‑day filing period, and that a defective original notice cannot be cured by an amended notice filed after that period; therefore the appellate court lacked jurisdiction, the trial court's judgment is affirmed, the appellate court's decision is reversed, and the case is remanded. Justice Miller, in a concurring opinion, agreed with the result but criticized the majority's reliance on a strict plain‑meaning approach.