Raymond Sandoval Garcia v. State

Opinion

The State of TexasAppellee

Fourth Court of Appeals San Antonio, Texas March 21, 2014

No. 04-13-00667-CR

Raymond Sandoval GARCIA, Appellant v. The STATE of Texas, Appellee

From the County Court at Law No. 7, Bexar County, Texas Trial Court No. 383282 Honorable Genie Wright, Judge Presiding

ORDER On February 11, 2014, we abated this appeal for the trial court to conduct a hearing and make findings of fact regarding the circumstances surrounding the filing of the notice of appeal. The trial court’s findings of fact and a record of the hearing have been filed.

We reinstate the appeal on the docket of this court. The trial court found that sentence was imposed on August 2, 2013. The notice of appeal was therefore due September 3, 2013. See TEX. R. APP. P. 4.1, 26.2(a)(1). The trial court found that trial counsel deposited the notice of appeal in the mail on September 3, 2013, but after 5:00 p.m., and the record reflects the notice of appeal was received and file-stamped by the trial court clerk on September 5, 2013. We conclude the notice of appeal was timely filed. See Taylor v. State, No. PD-0180-13, 2014 WL 440990, at *4 (Tex. Crim. App. Feb. 5, 2014).

We retain the appeal on the docket and order the court reporter, Paula J. Cloud, to file the reporter’s record by April 21, 2014.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of March, 2014.

___________________________________ Keith E. Hottle Clerk of Court