Opinion
05-23-01277-CR
01-23-2024
ISABEL SAUCEDO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F22-76162
ORDER
NANCY KENNEDY, JUSTICE
The Court has reviewed the affidavits concerning the timeliness of the notice of appeal, which show appellant's counsel timely e-filed the notice of appeal on November 9, 2023. On November 18, 2023, the district clerk rejected the filing for technical reasons. Counsel then re-filed the notice of appeal on November 21, 2023. A document is timely filed when it is transmitted to the electronic filing service provider within the time for filing. See In re Barr, No. 05-19-00511-CV, 2019 WL 2082468, at 2 (Tex. App.-Dallas May 13, 2019, orig. proceeding) (mem op.). The State has filed a letter brief agreeing that this Court has jurisdiction. We ORDER the notice of appeal is timely for jurisdictional purposes because it was first transmitted to counsel's electronic filing service on November 9, 2023, seventeen days after the judgment of October 23, 2023.
The reporter's record is due FEBRUARY 22. 2024.
We DIRECT the Clerk to send copies of this order to Sharyl Zeno, Official Court Reporter, Criminal District Court No. 1, Dallas County; and counsel for all parties.