Safety National Casualty Corp., Agent Michael W. Cox

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. PD-0245-09 & PD-0246-09

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SAFETY NATIONAL CASUALTY CORPORATION

(AGENT MICHAEL W. COX), Appellant

v.

THE STATE OF TEXAS

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ON APPELLANT'S PETITIONS FOR DISCRETIONARY REVIEW

FROM THE FIRST COURT OF APPEALS

HARRIS COUNTY

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Keller, P.J., filed a concurring opinion in which Johnson, J., joined.

In addition to the considerations cited by the Court, I would add one based upon the language and structure of the statutes that existed in 1879.

Article 893 was contained in a title of the Code of Criminal Procedure named "Appeal and Writ of Error." ⁽¹⁾ As the Court explains, article 893 provided that appeals in bond forfeiture proceedings - rather than being regulated by the provisions governing criminal cases - were to be regulated by the same rules that govern "other civil actions" where "an appeal is taken or a writ of error is sued out." ⁽²⁾ The provisions that governed appeals and writs of error in civil cases were found in a chapter of the Revised Civil Statutes that was also entitled "Appeal and Writ of Error." ⁽³⁾ Article 893's reference to the "same rules that govern the other civil actions where an appeal is taken or a writ of error is sued out" was clearly a reference to this Chapter. And it is from Chapter 19 that the current Rules of Appellate Procedure are derived. ⁽⁴⁾ Chapter 19 did not promulgate any filing fees, ⁽⁵⁾ and neither do the current Rules of Appellate Procedure. ⁽⁶⁾

I join the Court's opinion.

Filed: March 3, 2010

Publish

1. See Tex. Code Crim. Proc., Title X (1879).

2. Id., art. 893.

3. See Tex. Rev. Civ. Stat., Title XXIX, Chapter 19 (1879); id., arts. 1380-1419.

4. Compare id. and Tex. R. App. P., passim.

5. See Tex. Rev. Civ. Stat., arts. 1380-1419.

6. See Tex. R. App. P., passim.