Williams v. Texas (original by judge walker)
Annotate this CaseAppellant James Williams moved for a new trial, and filed his notice of appeal 71 days after sentence was imposed in open court, but 52 days after the trial court entered a nunc pro tunc order that Appellant later challenged on appeal. The issue this case presented for the Texas Court of Criminal Appeals' review was whether, if a defendant timely files a motion for a new trial and, while the motion for new trial is pending, the trial court enters a nunc pro tunc order, must a defendant seeking to challenge the nunc pro tunc order file notice of appeal within 30 days after the nunc pro tunc order or 90 days after sentence was imposed or suspended in open court? Under Texas Rule of Appellate Procedure 26.2(a), the Court found a defendant's notice of appeal must be filed: (1) within 30 days after the day sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order; or (2) within 90 days after the day sentence is imposed or suspended in open court if the defendant timely files a motion for new trial. Because defendant timely filed a motion for new trial, his notice of appeal was timely, and thus the Court affirmed the judgment of the court of appeals.
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