Stansberry v. State

OPINION

We granted review in this case to determine whether the Eighth Court of Appeals erred in dismissing the appellant’s appeal for want of jurisdiction due to the lack of a timely filed notice of appeal. The appellant alleges that a clerical error prevented the timely filing of his notice of appeal. We hold that a defendant should not be penalized for an error that occurs within the clerk’s office. Accordingly, we reverse and remand.

THE FACTS AND PROCEDURAL POSTURE

The appellant was charged with possession of child pornography. He filed a pretrial motion to suppress, and the trial court…