Rolando Rodarte v. State Texas Book Reviews

Rolando Rodarte v. State Texas by Court of Criminal Appeals of Texas Book Summary

Appellant was convicted of the offense of capital murder and his punishment assessed at life imprisonment. The Fourth Court of Appeals dismissed his appeal for want of jurisdiction. Rodarte v. State, 840 S.W.2d 781 (Tex.App. - San Antonio 1992). The court of appeals held that appellants notice of appeal, coming thirty-one days after "the day sentence is imposed . . . in open court," was untimely. Tex.R.App.Pro., Rule 41(b)(1). Along the way the court of appeals rejected appellants argument that the thirty days within which the Rule requires that notice of appeal be filed should commence either when "the day sentence is imposed or suspended in open court," or the day the judgment is signed, that being "the day an appealable order is signed," whichever is later. Appellant contends that his notice of appeal came within thirty days of the day the judgment was signed, and was therefore timely. We granted his petition for discretionary review to address this question of first impression. Tex.R.App.Pro., Rule 200(c)(2).

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