Darrell Emile Jiles v. State Texas

The State argues that we have no jurisdiction because appellant failed to give a written notice of appeal, as required by Tex. R. App. P. 40(B)(1). The record reflects that neither appellant nor his attorney signed a written notice of appeal. However, it is undisputed that: (1) timely notice of appeal was orally given; (2) the notice of appeal was recorded in writing three times: first, in the judgment signed by the trial judge; then, in a memorandum signed by the court clerk; and finally, in the docket sheet; (3) the trial court signed written orders appointing counsel for appeal and ordering a statement of facts prepared on the same day that notice of appeal was given; (4) appellant has property filed the transcript, statement of facts, and appellate brief; (5) the State has not been misled or harmed by any omission; and (6) the administration of justice has not been disturbed by the failure of the defendant or his attorney to sign the notice of appeal.