Court of Criminal Appeals of Texas
Edna Kaye Davis, Appellant v. the State of Texas, Appellee
January 12, 1994870 S.W.2d 43
Summary
The Court of Criminal Appeals of Texas held that the appellant's "general" notice of appeal did not satisfy the extra‑notice requirements of Tex. R.App.Pro. Rule 40(b)(1) and therefore conferred no jurisdiction to review either the pre‑trial suppression ruling or the sufficiency of the evidence. The Court also affirmed that the appellant could not amend the defective notice after the Court of Appeals had issued its opinion. Two dissenting opinions (Clinton and Overstreet) argued that the majority misinterpreted Rule 40(b)(1) and that amendment should be permitted.