IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. 699-99



THE STATE OF TEXAS

v.

SUSAN MARGARET RIEWE, Appellee


ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIFTH COURT OF APPEALS

DALLAS COUNTY

Womack, J., filed a concurring opinion.

I believe that if the State had filed the amended notice of appeal before it filed its brief, as Rule of Appellate Procedure 25.2(d) requires, the appeal would have been proper. I do not agree that that rule enlarges the substantive right to appeal. It merely enlarges the time within which a party may exercise the right.

Delivered March 8, 2000.

Publish.