Court of Criminal Appeals of Texas

Deannee Ann Bayless, Appellant v. the State of Texas

December 18, 20022002 Tex. Crim. App. LEXIS 241

Summary

The Court of Criminal Appeals held that Texas Rule of Appellate Procedure 25.2(d) allows a defendant who filed a timely general notice of appeal to file an amended notice after the filing deadline but before the brief, thereby preserving appellate jurisdiction. Accordingly, the Court reversed the lower appellate court's dismissal and remanded for consideration of the merits. Justice Keller, dissenting, argued that the rule cannot restore jurisdiction once lost and that the petition should be dismissed as improvidently granted.