# State v. Riewe

> Court of Criminal Appeals of Texas · March 8, 2000 · 13 S.W.3d 408

URL: https://www.frixlaw.com/law-library/cases/9718281

## Case

- **Full name:** The STATE of Texas, v. Susan Margaret RIEWE, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 8, 2000
- **Citations:** 13 S.W.3d 408; 2000 Tex. Crim. App. LEXIS 30; 2000 WL 257153
- **Precedential status:** Published
- **Opinion:** Concurrence by Womack
- **Judges:** Keasler, McCormick, Meyers, Mansfield, Price, Holland, Johnson, Womack, Keller
- **Cited by:** 472 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Bayless v. State, 2002 Tex. Crim. App. LEXIS 241 (2002).
- Negative treatments: 1
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9718281

## How later opinions describe it (automated extraction)

- explaining that, “[i]n [State v. Muller, 829 S.W.2d 805 (Tex.Crim.App.1992) ] we made clear that ‘the State's noncompliance with the specific provisions of Art. 44.01 [is] a substantive failure to invoke the court of appeals’ statutorily defined jurisdiction.' We concluded tha…
- concluding that (1) the lack of a timely certification in a State's notice of appeal deprived the court of appeals of jurisdiction, and (2) an amended, but untimely, certification did not retroactively confer jurisdiction
- concluding appellate rule of procedure 25.2(d), which allows a defendant to amend his notice of appeal, may not be used so as to create jurisdiction where none previously existed
- recognizing that failure by State to provide the required certification deprives appeals court of jurisdiction over appeal
- stating that appellate jurisdiction over State's appeal is invoked by giving timely, written notice of appeal

## Opinion text

WOMACK,. J.,
Concurring.
I believe that if the State had filed the amended notice of appeal before it filed its brief, as Rule of Appellate Procedure 25.2(d) requires, the appeal would have been proper. I do not agree that that rule enlarges the substantive right to appeal. It merely enlarges the time within which a party may exercise the right.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9718281. Public record. Not legal advice.