State Ex Rel. Sutton v. Bage

Finding myself in disagreement with a majority of this honorable Court, I respectfully dissent.

The record reflects that the order granting the motion to set aside the indictment was signed on November 16, 1990. The order was filed by the clerk on November 20, 1990. The State’s notice of appeal was filed by the clerk on December 4, 1990.

Relying on Rosenbaum v. State, 818 S.W.2d 398 (Tex.Cr.App.1991), the majority concludes the State’s notice of appeal was not timely. In Rosenbaum the Court reconciled any conflict between Tex.Code Crim.Proc.Ann. art. 44.01(d) and Tex. R.App.Pro. Rule 41(b)(1)…