Marshall, Christopher Roy v. State

Order issued September , 2012
In The
Tourt ufApptats
Hitt Elistrirt rxas at Dallas
No. 05-12-01003-CR
CHRISTOPHER ROY MARSHALL, Appellant
V.
THE STATE OF TEXAS, Appellee
ORDER
The Court has before it appellant's "agreed motion to determine whether this court has
jurisdiction." Appellant asserts the State of Texas agrees to the filing of the motion.
The clerk's record shows appellant was convicted and sentenced to a twenty-year prison
term on May 30, 2012. Thus, appellant's notice of appeal was due on or before June 29, 2012.
Appellant did not file a motion for new trial, but he delivered a hand-written notice of appeal to
prison authorities on June 29, 2012. Appellant's notice of appeal was post-marked by the United
States Postal Service on July 2, 2012, and it was file marked in the District Clerk's office on July
6, 2012.
For prison inmates, a notice of appeal is deemed filed at the time it is delivered to prison
authorities for forwarding to the court clerk. See Campbell v. State, 320 S.W.3d 338, 344 (Tex.
Crim. App. 2010). A mail log from the Texas Department of Criminal Justice shows appellant
delivered his notice of appeal to prison authorities on June 29, 2012, within the thirty-day time
period for filing a notice of appeal. See TEX. R. APP. P. 9.2(b). Thus, appellant's notice of
appeal received on July 6, 2012 is considered timely for jurisdictional purposes.