Christopher Lee Caudill v. the State of Texas

CourtCourt of Appeals of Texas
DecidedJune 4, 2024
Docket05-24-00416-CR
StatusPublished

This text of Christopher Lee Caudill v. the State of Texas (Christopher Lee Caudill v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Christopher Lee Caudill v. the State of Texas, (Tex. Ct. App. 2024).

Opinion

DISMISS and Opinion Filed June 4, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00416-CR

CHRISTOPHER LEE CAUDILL, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-82928-2023

MEMORANDUM OPINION Before Chief Justice Burns, Justice Reichek, and Justice Goldstein Opinion by Chief Justice Burns In this case, appellant was charged by indictment with sexual assault. On

March 22, 2024, the trial court granted a motion to dismiss. In this case, the record

does not show that a judgment of conviction or other appealable order was signed or

that sentence was imposed against appellant.

An order granting a motion to dismiss is not an appealable order by the

defendant. See Perez v. State, No. 04-22-00664-CR, 2023 WL 2297444, at *1 (Tex.

App.—San Antonio Mar. 1, 2023, no pet.) (mem op.) (per curiam). We asked the

parties to file briefs addressing this Court’s jurisdiction. Appellant’s counsel filed a brief stating, “Counsel is aware of no authority that would give the Court of Appeals

jurisdiction over a case that was dismissed.”

We dismiss the appeal for want of jurisdiction. Appellant’s appeal in cause

number 05-24-00414-CR remains pending before this Court.

/Robert D. Burns, III/ ROBERT D. BURNS, III Do Not Publish CHIEF JUSTICE TEX. R. APP. P. 47.2(b)

240416F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

CHRISTOPHER LEE CAUDILL, On Appeal from the 416th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 416-82928- No. 05-24-00416-CR V. 2023. Opinion delivered by Chief Justice THE STATE OF TEXAS, Appellee Burns. Justices Reichek and Goldstein participating.

Based on the Court’s opinion of this date, the appeal is DISMISSED for want of jurisdiction.

Judgment entered June 4, 2024

–3–

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