Scott v. State
This text of 747 S.W.2d 435 (Scott v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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OPINION
Appellant entered a plea of not guilty before a jury to the offense of murder. She was convicted and sentenced to fifteen years confinement in the Texas Department of Corrections. Because this court lacks jurisdiction, we order the appeal dismissed.
Appellant gave oral notice of appeal on October 6, 1986. The clerk of the court reduced the oral notice to writing on October 8, 1986. No written notice of appeal was filed by appellant.
No motion for new trial was filed. No timely motion for extension of time to file the notice of appeal was filed. No out-of-time appeal has been granted.
Tex.R.App.P. 40(b)(1) (Vernon Supp.1987) states in part: “Notice of appeal shall be given in writing filed with the clerk of the trial court.” (emphasis added). The clerk’s written form in this case merely acknowledges that the trial court received appellant’s oral notice of appeal. This fails to meet the requirements of the Rules of Appellate Procedure. As a result, this court is without jurisdiction to entertain the appeal. Shute v. State, 744 S.W.2d 96 (Tex.Crim.App.1988).
[436]*436Accordingly, the appeal is ordered dismissed for want of jurisdiction.
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Cite This Page — Counsel Stack
747 S.W.2d 435, 1988 Tex. App. LEXIS 713, 1988 WL 26548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-state-texapp-1988.