Shute v. State

Appellant’s petition for discretionary review implicates certain “new” rules. Texas Rules of Appellate Procedure became effective September 1, 1986, and the instant oral notice of appeal was given September 30, 1986. Presented by his sole ground of review is an issue we determined *98warranted review pursuant to Tex.R.App.Pro. Rule 200(c)(4), viz:

“The Court of Appeals erred by holding that TRAP 40(b)(1) mandates that written notice of appeal be filed by appellant or his counsel personally in the face of a document in the transcript, filed by the clerk, reflecting that written notice of appeal…