Court of Civil Appeals of Texas, 2013

Jamie Mangram v. State

Jamie Mangram v. State
Court of Civil Appeals of Texas · Decided August 7, 2013

Jamie Mangram v. State

Opinion

Order entered August 7, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00215-CR JAMIE MANGRAM, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F-0713817-Q ORDER The Court REINSTATES the appeal.

On June 18, 2013, we ordered the trial court to make findings regarding how and when appellant’s pro se notice of appeal was filed. We ADOPT the trial court’s findings that: (1) the trial court received an affidavit from Tammy Shelby of the Texas Department of Criminal Justice; (2) Ms. Shelby’s affidavit stated that appellant delivered his notice of appeal to the prison authorities for mailing on or before February 4, 2013; (3) the envelope in which the notice of appeal was mailed was addressed to the “Court of Appeals, Supreme Court Building, (unreadable number), Capitol Station, Austin, Texas (unreadable zip code)”; and (4) appellant’s notice of appeal was not properly addressed to the Fifth District Court of Appeals.

Based on the finding that appellant’s notice of appeal was not properly addressed or sent to the proper clerk, see TEX. R. APP. P. 9.2(b), 25.2(c)(1); Campbell v. State, 320 S.W.3d 338, 344 (Tex. Crim. App. 2010), we will dispose of the appeal in due course.

/s/ DAVID EVANS JUSTICE

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