State v. Rosenbaum

I agree with the majority’s conclusion that the Court of Appeals erred in holding the State’s notice of appeal was untimely. However, I would so hold for different, and hopefully more straightforward, reasons than those expressed by the majority. Accordingly, I concur only in the judgment of the Court.

Under Tex.Code Crim.Proc.Ann. art. 44.-01(d), the State may not make an appeal “later than the 15th day after the date on which the order, ruling, or sentence to be appealed is entered by the court.”1 The Legislature has limited appellate jurisdiction for the State’s appeal by imposing the…