Luera v. State

This is another in a growing line of cases in which the defendant has been denied the right of appeal because of an unsound interpretation of the Rules of Appellate Procedure.

We have dismissed numerous appeals for failure to comply with the extra-notice provisions of Rule 25.2(b)(3). Tex.R.App. P. 25.2(b)(3). Twice, I dissented from published opinions: Craddock v. State, 32 S.W.3d 886, 888 (Tex.App.-Waco 2000, no pet.) (Vance, J., dissenting), where we dismissed the appeal without allowing an opportunity to amend, and Sipple v. State, 36 S.W.3d 592, 594 (Tex.App.-Waco 2000, pet. filed)…