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eBook details

• Title: State Texas v. Billy Rosenbaum
• Author : Supreme Court Of Utah
• Release Date : January 30, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This petition involves the States appeal from an order quashing allegations of materiality in a perjury indictment pursuant to Art. 44.01(d), V.A.C.C.P. In its findings of fact and conclusions of law, the trial court found no materiality in the alleged perjurious statements. The State then filed an appeal with the Fourteenth Court of Appeals. Art. 44.01(a)(1), V.A.C.C.P. The court of appeals dismissed the States appeal in an unpublished opinion. State v. Rosenbaum (Tex.App.--Houston [14th] No. A14-90-00616-CR, delivered Aug. 23, 1990). The court reasoned that the notice of appeal was untimely filed based upon the 15-day time limits set forth in Art. 44.01(d) and TEX.R.APP.PROC. 41(b)(1); therefore, it had no jurisdiction to hear the appeal. This Court granted the States petition based on its sole ground for review, that "the Court of Appeals erred in holding that notice of appeal was untimely." The State requests this Court to order the court of appeals to reverse the untimely dismissal and address the merits of this case. On the basis of the facts of this case, we will reverse the judgment of the court of appeals.

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