Opinion issued May 2, 2002
In The
Court of Appeals
For The
First District of Texas
NO. 01-01-00904-CR
EDMOND HERMON ASHORN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 23rd District Court
Brazoria County, Texas
Trial Court Cause No. 37,053
DISSENTING OPINION
I dissent.
The record shows that appellant complied with Rule 25.2 by filing a timely notice of appeal. See Tex. R. App. P. 25.2. Accordingly, we have jurisdiction of this appeal.
The Law
Rule 25.2(a) and (b) reads, in relevant part:
(a) Perfection of Appeal. In a criminal case, appeal is perfected by timely filing a notice of appeal. . . .
(b) Form and Sufficiency of Notice.
(1) Notice must be given in writing and filed with the trial court clerk.
(2) Notice is sufficient if it shows the party's desire to appeal from the judgment or other appealable order, . . . .
Tex. R. App. P. 25.2(a)-(b)(2) (emphasis added).
In Miles v. State, the Texas Court of Criminal Appeals specifically stated that a written appeal bond filed with the trial court is "sufficient to constitute a notice of appeal" under the Rules. 842 S.W.2d 278, 279 n.1 (Tex. Crim. App. 1989).
The Facts
After a jury trial, appellant was sentenced on August 6, 2001. (1) On the same day, appellant gave oral notice of appeal, the sum of $6,000 was paid to the Brazoria County Sheriff's Department on appellant's behalf, and appellant signed a bail bond document with "Appeals Bond" hand-printed in bold letters at the top. The appeal bond is file-stamped showing it was filed with the district clerk of Brazoria County on August 16, 2001, well before the September 5, 2001 deadline for filing notice of appeal.
CONCLUSION
As a matter of law, when a party timely files a written document with the trial court clerk that shows the party's desire to appeal a criminal judgment entered after a trial on a plea of not guilty, the appeal is duly perfected. (2) Tex. R. App. P. 25.2(a), (b). The appeal bond filed in this case duly perfected the appeal of the judgment. See Miles, 842 S.W.2d at 279 n.1. Accordingly, we should grant appellant's motion for rehearing, withdraw our opinion and judgment dated October 25, 2001 that dismissed appellant's appeal for lack of jurisdiction, and reinstate the appeal on our docket.
Margaret Garner Mirabal
Justice
Panel consists of Justices Mirabal, Nuchia, and Price. (3)
Publish. Tex. R. App. P. 47.
1. 2. 3.