Jiles v. State

COHEN, Justice.

A jury found appellant guilty of theft and assessed his punishment at 18 years confinement.

The State argues that we have no jurisdiction because appellant failed to give a written notice of appeal, as required by Tex.R.App.P. 40(b)(1). The record reflects that neither appellant nor his attorney signed a written notice of appeal. However, it is undisputed that: (1) timely notice of appeal was orally given; (2) the notice of appeal was recorded in writing three times: first, in the judgment signed by the trial judge; then, in a memorandum signed by the court clerk; and finally,…