Rosalinda Huereca Pena v. State

• Court: Court of Appeals of Texas
• Decided: November 5, 2018
• Docket: 04-18-00558-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas November 5, 2018

No. 04-18-00558-CR

Rosalinda Huereca PENA, Appellant

v.

The STATE of Texas, Appellee

From the County Court at Law No. 6, Bexar County, Texas Trial Court No. 455468 Honorable Wayne A. Christian, Judge Presiding

ORDER

Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Appellant’s brief was due October 15, 2018, but it was not filed. The clerk of this court notified appellant’s counsel, Suzanne Kramer, of the deficiency by letter on October 18. The letter required a response by October 29, 2018. See TEX. R. APP. P. 38.8(b)(2). The brief has not been filed. Instead, on November 1, appellant’s court-appointed counsel filed a motion to dismiss, raising an issue about whether the notice of appeal was timely filed.

The trial court imposed sentence on July 3, 2018, and a notice of appeal was due August 2, 2018. Appellant’s pro se notice of appeal was mailed and received in this court on August 1, 2018. The clerk of this court forwarded the notice of appeal to the trial court clerk, where it was file-stamped on August 6, 2018, which was within ten days of the deadline for filing the notice of appeal. The notice of appeal therefore was timely filed. See Taylor v. State, 424 S.W.3d 39, 41, 44 (Tex. Crim. App. 2014); Castillo v. State, 369 S.W.3d 196, 198 n. 11 (Tex. Crim. App. 2012). We deny the motion to dismiss.

Appellant’s brief is past due. We order Suzanne Kramer to file appellant’s brief by November 14, 2018. _________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of November, 2018.

___________________________________ Keith E. Hottle Clerk of Court