261 SW2D 324 - Franklin v. State

How this case has been cited

Cited by 12 later decisions — most recently December 1989

12 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

MORRISON, Judge.

¶1The offense is forgery; the punishment, three years.

¶2The State moves to dismiss the appeal, because no notice of appeal is shown to have been entered of record in the trial court. Such is requisite in order for this Court to acquire jurisdiction. Ex parte Logan, 151 Tex.Cr.R. 129, 205 S.W.2d 994.

¶3The motion is granted, and the appeal is dismissed.

¶4On Appellant’s Motion to Reinstate Appeal

DAVIDSON, Commissioner.

¶5Appellant -moves to reinstate the appeal. He admits that no notice of appeal was entered of record, as required by the mandate of Art. 827, C.C.P., but insists that his release upon recognizance to abide the judgment of this court is tantamount to and should be-construed as evidence that notice of appeal was given.

¶6A proper notice of appeal is necessary to invoke the appellate jurisdiction of this court, and such requirement must be strictly .complied with.

¶7The motion to reinstate the appeal is overruled.

¶8Opinion approved by the court.