Opinion
No. 04-16-00220-CR
05-19-2016
Russell Lee BURKE, Appellant v. The STATE of Texas, Appellee
From the 33rd District Court, Llano County, Texas
Trial Court No. CR6998
Honorable J. Allan Garrett, Judge Presiding
ORDER
On May 12, 2016, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction because it appeared the motion for new trial was not timely filed. Appellant responded and provided and explanation and proof that appellant's motion for new trial was timely mailed on January 19, 2016 pursuant to the mailbox rule. See TEX. R. CIV. P. 5; see also TEX. R. APP. P. 9.2. Because the motion for new trial was timely filed, the notice of appeal was also timely filed on March 7, 2016. Thus, we are now satisfied that we possess jurisdiction over this appeal.
Accordingly, it is ORDERED that the appellant's brief be filed within 30 days of the date of this order.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of May, 2016.
/s/_________
Keith E. Hottle
Clerk of Court