Currie v. State

In Currie v. State, No. 09-06-225-CR, 2006 WL 2506419 (Tex. App.--Beaumont Aug. 30, 2006, no pet.) (not designated for publication), the Beaumont court was asked to consider a document entitled "Pauper's Oath on Appeal" as a notice of appeal. The Beaumont court interpreted Jones as holding an appeal was not timely perfected when a motion to withdraw and request for appointed counsel was filed but not a notice of appeal. Id. The Beaumont court noted, "The Court of Criminal Appeals held the documents put the trial court on notice of the defendant's desire to appeal, but did not hold that the documents functioned as a notice of appeal." Id. The Beaumont court asserted, "As an intermediate appellate court, we are not authorized to grant out-of-time appeals." Id.