Panelli v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

We are presented in this case with the precise question addressed but not decided in Ex parte Drewery, 677 S.W.2d 533 (Tex.Cr.App.1984). Following the revocation of *656his probation appellant herein filed both a motion for new trial and written notice of appeal on the same day. The motion for new trial was overruled one week later. No new notice of appeal was given. The San Antonio Court of Appeals held that the premature notice of appeal was effective, and proceeded to address the merits of appellant’s appeal. Panelli v. State,…