Few v. State

In Few v. State, 230 S.W.3d 184 (Tex. Crim. App. 2007), the appellant had filed a timely notice of appeal but included the wrong trial court cause number. 230 S.W.3d at 186. The court noted that the Texas Rules of Appellate Procedure were amended in 2002 "to prevent trivial, repairable mistakes or defects from divesting appellate courts of jurisdiction to consider the merits of both State and defense appeals in criminal cases. Defective notices of appeal may now be amended at any time before the appealing party's brief is filed[.]'" Id. at 187. The Few court cited the court's prior opinion in Bayless v. State, which also addressed the ability to amend a notice of appeal to correct a defect prior to the filing of the appellant's brief. Id. at 189. However, the Few court also stated, "The rules thus 'retain the requirement of notice of appeal. But they now permit amendment to cure apparently any defects in notices of appeal.'" Id. The Texas Court of Criminal Appeals addressed the dismissal of a case due to an incorrect cause number in Few's notice of appeal. 230 S.W.3d at 186. Dismissal for an incorrect cause number, unlike a defective certification where there is no underlying right of appeal, bars an appeal based on a purely procedural error, rather than a substantive restriction. See id. at 189 ("Our appellate rules . . . disfavor() disposing of appeals based upon harmless procedural defects."). In Few, the court noted that "the Texas Rules of Appellate Procedure were amended in 2002 to prevent trivial, repairable mistakes or defects from divesting appellate courts of the jurisdiction to consider the merits of both State and defense appeals in criminal cases." Id. at 187.