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McCLUSKEY v. STATE

No. 01-01-00410-CV.

64 S.W.3d 621 (2001)

John McCLUSKEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

December 20, 2001.

Attorney(s) appearing for the Case

Don R. Cantrell, Houston, for Appellant.

Calvin Hartmann, Kathy Braddock, Assistant District Attorneys, Houston, for the State.

Panel consists of Justices COHEN, HEDGES, and TAFT.

OPINION

MURRY B. COHEN, Justice.

Do the decisions of the Texas Supreme Court or the Texas Court of Criminal Appeals govern the filing of late notices of appeal in the appeal of a bail-bond forfeiture? The two courts' decisions conflict on how to interpret Tex.R.App. P. 26.3, and we must decide which to follow in order to decide if we have jurisdiction. We hold that the Texas Supreme Court's holding controls the issue; consequently, we have jurisdiction....

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