Feltner Dean Hunt v. State

Order entered July 31, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00845-CR
FELTNER DEAN HUNT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F18-75195-R
ORDER
Before the Court is appellant’s July 17, 2019 “Motion to Extend Time to File Notice of
Appeal or Deem Notice of Appeal Sufficient.” The trial court’s judgment was entered June 7,
2019. That same day, appellant filed a notice of appeal. Although the June 7th notice of appeal
contains various errors, the notice is in writing, was filed with the trial court clerk, and “shows
the party’s desire to appeal from the judgment.” See TEX. R. APP. P. 25.2(c). This appears to be
sufficient under rule 25.2(c). Harkcom v. State, 484 S.W.3d 432, 434 (Tex. Crim. App. 2016);
Few v. State, 230 S.W.3d 184, 189 (Tex. Crim. App. 2007).
In his July 17, 2019 motion, appellant notes the numerous errors in the June 7th notice of
appeal. To the extent appellant seeks to correct the errors, the rules of appellate procedure
provide “[a]n amended notice of appeal . . . may be filed in the appellate court accordance with
Rule 37.1, or at any time before the appealing party’s brief is filed if the court of appeals has not
used Rule 37.1.” See TEX. R. APP. P. 25.2(f). Although appellant attaches a corrected amended
notice of appeal as an exhibit to his motion, the amended notice of appeal itself has not been
filed with the Court.
We DENY appellant’s motion without prejudice to filing an amended notice of appeal
under rule 25.2(f).
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE