Miles v. State

I respectfully dissent. The case of Evitts v. Lucey, 469 U.S. 387, 105 S.Ct. 830, 83 L.Ed.2d 821 (1985) deals with procedural errors by appellate counsel, and does not extend to matters of jurisdiction.1 As I stated in the initial unpublished opinion, which has been withdrawn, appellant’s failure to file a notice of appeal within the same period as the motion for extension of time deprived this Court of jurisdiction to consider the appeal under Tex.R.App.P. 41(b)(2).

The Court of Criminal Appeals has held that in the absence of a timely, written notice of appeal, a court of appeals is without…