Mayfield v. State

OPINION

Appellant is before the Court on a motion for leave to file a late notice of appeal under Tex.Code Crim.Pro.Ann., art. 44.-08(e), 1981 Tex.Sess.Law Serv. Ch. 291, § 127 (Vernon).

According to the motion, appellant was sentenced on September 23, 1981. On the same day he gave oral notice of appeal. On October 5, 1981, the 12th day after sentencing, appellant filed a motion for new trial. That motion was overruled on October 16, 1981. On November 13, 1981, 28 days after the motion for new trial was overruled, appellant filed a written notice of appeal in the trial court. This second notice…