Johnny Ray Abbott v. State

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-07-00295-CR

Johnny Ray Abbott,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 40th District Court

Ellis County, Texas

Trial Court No. 28838CR

MEMORANDUM  Opinion

On the State’s petition for discretionary review, the Court of Criminal Appeals reversed our decision in this case, holding that we lacked jurisdiction over this appeal and that we should have dismissed it for lack of jurisdiction.  See Abbott v. State, 271 S.W.3d 694 (Tex. Crim. App. 2008).

The case was remanded to us for further proceedings consistent with the Court of Criminal Appeals’ opinion.  Id. at 697.  Upon our request, neither party has provided additional briefing on remand and both have waived any further response.

We dismiss this case for lack of jurisdiction.  Tex. R. App. P. 43.2(f).

REX D. DAVIS

Justice

Before Chief Justice Gray,

            Justice Reyna, and

            Justice Davis

Dismissed

Opinion delivered and filed May 13, 2009

Do not publish

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