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STANSBERRY v. STATE

No. PD-0867-06.

239 S.W.3d 260 (2007)

Kevin STANSBERRY, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

June 27, 2007.

Attorney(s) appearing for the Case

Matthew Dekoatz, El Paso, for Appellant.

Tom A. Darnold, Asst. District Atty., El Paso, Matthew Paul, State's Atty., Austin, for State.

OPINION

PRICE, J., delivered the opinion for a unanimous Court.

We granted review in this case to determine whether the Eighth Court of Appeals erred in dismissing the appellant's appeal for want of jurisdiction due to the lack of a timely filed notice of appeal. The appellant alleges that a clerical error prevented the timely filing of his notice of appeal. We hold that a defendant should not be penalized...

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