Mestas v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “the language used in our opinion should be construed broadly enough to give effect to the Rules of Appellate Procedure that cover unforeseen situations that may arise,” including filing a motion for new trial
• granting out-of-time appeal extends time in which party can file motion for new trial
• finding 38 See http://www.search.txcourts.gov/Case.aspx?cn=WR-80,864-02&coa=coscca. 63 that a defendant who was returned to a point at which he could give notice of appeal, was also returned to a point where he could file a motion for new trial
• effect of granting out-of-time appeal is that it \ restores the defendant\ to position he was in prior to deprivation of right of appeal
• effect of granting out-of-time appeal is that it “restores the defendant” to position he was in prior to deprivation of right of appeal
• “The effect of granting an out-of-time appeal is that it restores the defendant to the position he occupied immediately after the trial court signed the judgment of conviction.”

Source: CourtListener parenthetical corpus (CC0).