Opinion
No. 04-13-00667-CR
03-21-2014
Raymond Sandoval GARCIA, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court No. 383282
Honorable Genie Wright, Judge Presiding
ORDER
On February 11, 2014, we abated this appeal for the trial court to conduct a hearing and make findings of fact regarding the circumstances surrounding the filing of the notice of appeal. The trial court's findings of fact and a record of the hearing have been filed.
We reinstate the appeal on the docket of this court. The trial court found that sentence was imposed on August 2, 2013. The notice of appeal was therefore due September 3, 2013. See TEX. R. APP. P. 4.1, 26.2(a)(1). The trial court found that trial counsel deposited the notice of appeal in the mail on September 3, 2013, but after 5:00 p.m., and the record reflects the notice of appeal was received and file-stamped by the trial court clerk on September 5, 2013. We conclude the notice of appeal was timely filed. See Taylor v. State, No. PD-0180-13, 2014 WL 440990, at *4 (Tex. Crim. App. Feb. 5, 2014).
We retain the appeal on the docket and order the court reporter, Paula J. Cloud, to file the reporter's record by April 21, 2014.
__________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of March, 2014.
__________
Keith E. Hottle
Clerk of Court