JIVANI, IQBAL v. the State of Texas

• Court: Court of Criminal Appeals of Texas
• Decided: January 22, 2025
• Docket: PD-0060-24
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. PD-0060-24

STATE OF TEXAS

v.

IQBAL JIVANI, Appellee

ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE DALLAS COURT OF APPEALS DALLAS COUNTY

Per curiam.

OPINION

Appellee was charged by complaint in the City of Dallas Municipal Court with

violating § 31-27 of the Dallas Code (“Manifesting the Purpose of Engaging in

Prostitution”). DALLAS, TEX., CODE § 31-27. Appellee filed a motion to quash, arguing that

§ 31-27 was unconstitutional and void for vagueness and overbreadth. The municipal court granted her motion and entered an order dismissing the case. The State appealed to the

county criminal court of appeals, an intermediate court of appeals. It affirmed the municipal

court’s quashing of the complaint. The State then appealed to the Dallas Court of Appeals.

It dismissed the State’s appeal for want of jurisdiction. State v. Jivani, No. 05-23-00839-CR,

___ S.W.3d ___ (Tex. App.—Dallas December 28, 2023). The State has now filed a petition

for discretionary review challenging the Dallas Court of Appeals’ dismissal of its appeal.

We recently handed down our opinion in State v. Villa, No. PD-0756-23, ___ S.W.3d

___ (Tex. Crim. App. November 13, 2024), in which we held that the State’s appeal of a

judgment from an intermediate court of appeals is governed by Article 44.01 of the Code of

Criminal Procedure. We grant the State’s petition for discretionary review, vacate the

judgment of the court of appeals, and remand the case for reconsideration in light of this

Court’s decision in Villa.

DATE DELIVERED: JANUARY 22, 2025

DO NOT PUBLISH