Opinion
No. 04-16-00629-CR
10-27-2016
Ronald WHITLOW, Appellant v. The STATE of Texas, Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR10248
Honorable Ray Olivarri, Judge Presiding
ORDER
On October 13, 2016, we ordered Appellant to show cause in writing why this appeal should not be dismissed for want of jurisdiction. The clerk's record had not been filed, but the documents available to this court indicated Appellant had not timely filed a notice of appeal. On October 24, 2016, Appellant filed a response and the clerk's record was filed.
The clerk's record shows Appellant mailed a document to the trial court on September 6, 2016. We construe that document as a motion for new trial and a notice of appeal. See TEX. R. APP. P. 21.2 (motion for new trial); id. R. 25.2 (notice of appeal). The trial court revoked the defendant's community supervision on August 11, 2016; thus, Appellant's motion for new trial and notice of appeal were timely filed. See TEX. R. APP. P. 26.2; Strange v. State, 258 S.W.3d 184, 186 (Tex. App.—Houston [1st Dist.] 2007, pet. ref'd). We conclude we have jurisdiction in this appeal.
We REINSTATE the appellate timetable. The reporter's record is due on December 9, 2016. See TEX. R. APP. P. 35.2(b).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of October, 2016.
/s/_________
Keith E. Hottle
Clerk of Court