Court of Criminal Appeals of Texas

In proceedings arising following a conviction for indecency with a child, a court of appeals' decision dismissing the appeal is vacated and remanded with directions where, because there was a conflict in the record as to whether the trial court intended to grant a motion for new trial or an appeal, the court of appeals should have abated the appeal to ascertain the trial court's intent.

Appellate Information

• Decided 02/27/2008
• Published 02/27/2008

Judges

• Before the Court En Banc.

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• April E. Smith, Mesquite, for Appellant., Michael R. Casillas, Asst. Criminal District Atty., Dallas, Jeffrey L. Van Horn, State's Atty., Austin, TX, for State.