Marbut v. State

OPINION ON PETITION FOR DISCRETIONARY REVIEW

VANCE, Justice.

On original submission, we dismissed this case for want of jurisdiction because of our prior holding that State v. Riewe foreclosed the opportunity to amend a notice of appeal. Marbut v. State, 49 S.W.3d 585 (Tex.App.-Waco 2001, no pet. h.) (citing State v. Riewe, 13 S.W.3d 408 (Tex.Crim. App.2000); Craddock v. State, 32 S.W.3d 886, 887 (Tex.App.-Waco 2000, no pet.)). 1 However, Marbut’s Petition for Discretionary Review points out reasons why we should hear this appeal.

Marbut was indicted for Theft in an amount of $1,500 or more but…