Jones v. State

I respectfully and vigorously dissent. I would grant the State’s motion to dismiss this appeal because we do not have jurisdiction. I do not think that a document entitled “Defendant’s Notice of Appeal and Pauper Oath Appointment of Attorney on Appeal” which contains the notation that “defendant refused to sign” written below the blank provided for appellant’s signature gives us jurisdiction to entertain an appeal.

Rule 40(b)(1)1 requires that a “notice of appeal shall be given in writing filed with the clerk of the trial court. Such notice shall be sufficient if it shows the desire of the…