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Click here for the full text of this decision FACTS:The issue in this case is whether the county attorney of Travis County “made” this particular appeal in the 3rd Court of Appeals. A city of Austin municipal court convicted appellee of several violations of two city ordinances. A county court reversed that decision and the state appealed. The city timely filed a notice of appeal and an amended notice of appeal with the latter stating that the “County Attorney has consented to the City Attorney prosecuting this appeal under Article 45.201 of the Code of Criminal Procedure.” These notices of appeal were signed by an assistant city attorney and not by the county attorney. After the time for filing a timely notice of appeal expired, appellee claimed in a motion to dismiss the appeal that the 3rd Court of Appeals lacked jurisdiction over the appeal because neither the amended notice of appeal nor anything else in the record reflected that the county attorney “personally” made the appeal. In response, the city filed several documents including an affidavit signed by the county attorney all indicating that the county attorney consented to and authorized the city’s appeal within the time for timely filing a notice of appeal. The 3rd Court decided that the assertion in the city’s amended notice of appeal that the county attorney consented to this particular appeal under Article 45.201 failed to satisfy Article 44.01(d) requiring the county attorney to “make” the appeal. HOLDING:Reversed and remanded. The court does not agree with the suggestion in appellee’s motion to dismiss and in the opinion of the 3rd Court of Appeals that an assertion in a notice of appeal such as the one at issue here cannot simultaneously comply with Article 45.201 and Article 44.01(d). The court decides that the timely-made assertion in the city’s amended notice of appeal that the “County Attorney has consented to the City Attorney prosecuting this appeal” is “in some fashion” a written express personal authorization by the county attorney of this specific notice of appeal in this particular case. OPINION:Hervey, J., delivered the opinion for a unanimous court.

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