Jamie Mangram v. State

Court of Appeals of Texas·Decided August 7, 2013·No. 05-13-00215-CR·Published

Opinion

Order entered August 7, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00215-CR

JAMIE MANGRAM, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F-0713817-Q

ORDER The Court REINSTATES the appeal.

On June 18, 2013, we ordered the trial court to make findings regarding how and when

appellant’s pro se notice of appeal was filed. We ADOPT the trial court’s findings that: (1) the

trial court received an affidavit from Tammy Shelby of the Texas Department of Criminal

Justice; (2) Ms. Shelby’s affidavit stated that appellant delivered his notice of appeal to the

prison authorities for mailing on or before February 4, 2013; (3) the envelope in which the notice

of appeal was mailed was addressed to the “Court of Appeals, Supreme Court Building,

(unreadable number), Capitol Station, Austin, Texas (unreadable zip code)”; and (4) appellant’s

notice of appeal was not properly addressed to the Fifth District Court of Appeals. Based on the finding that appellant’s notice of appeal was not properly addressed or sent

to the proper clerk, see TEX. R. APP. P. 9.2(b), 25.2(c)(1); Campbell v. State, 320 S.W.3d 338,

344 (Tex. Crim. App. 2010), we will dispose of the appeal in due course.

/s/ DAVID EVANS JUSTICE

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Related

Campbell v. State
320 S.W.3d 338 (Court of Criminal Appeals of Texas, 2010)