Rodarte v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of the offense of capital murder and his punishment assessed at life imprisonment. The Fourth Court of Appeals dismissed his appeal for want of jurisdiction. Rodarte v. State, 840 S.W.2d 781 (Tex.App.—San Antonio 1992). The court of appeals held that appellant’s notice of appeal, coming thirty-one days after “the day sentence is imposed ... in open court,” was untimely. Tex.R.App.Pro., Rule 41(b)(1). Along the way the court of appeals rejected appellant’s argument that the thirty days within which…