De La Garza v. State

I respectfully dissent. I also dissented on similar grounds in Gomez v. State, 763 S.W.2d 583 (Tex.App.—Corpus Christi, 1988, no pet.), and joined with Justice Dorsey in his dissent in Garcia v. Kastner Farms, Inc., 761 S.W.2d 444 (Tex.App.—Corpus Christi, 1988, no writ). While the principles applied are the same, a different rule of appellate procedure is involved. This case involves a Tex.R.App.P. 54(c) motion to file a statement of facts, rather than a notice of appeal. Since the filing of a statement of facts is not a jurisdictional matter, we have more discretion to grant this motion. .-

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