Kendrick Dwayne Walker v. State

• Court: Court of Appeals of Texas
• Decided: March 5, 2019
• Docket: 14-18-00601-CR
• Status: Published

Opinion

Motion Denied and Dissent to Order filed March 5, 2019.

In the

Fourteenth Court of Appeals

NO. 14-18-00601-CR

KENDRICK DWAYNE WALKER, Appellant

v. THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court Harris County, Texas Trial Court Cause No. 1540170

DISSENT TO DENIAL OF MOTION TO ABATE THE APPEAL AND REMAND THE CASE FOR A HEARING ON APPELLANT’S MOTION FOR NEW TRIAL

Because appellant’s motion for new trial raises issues which are not determinable from the record, I would grant appellant’s motion to abate the appeal and remand the case to the trial court for a hearing on appellant’s motion for new trial so that appellant has meaningful appellate review. See Smith v. State, 286 S.W.3d 333, 338 (Tex. Crim. App. 2009); Hemphill v. State, No. 14-13-00395-CR, 2015 WL 1456338, at *5–*10 (Tex. App.—Houston [14th Dist.] Mar. 26, 2015, no pet.) (mem. op., not designated for publication).

Accordingly, I dissent from the denial of appellant’s motion to abate the appeal and remand the case to the trial court for a hearing on appellant’s motion for new trial.

/s/ Charles A. Spain Justice

Panel consists of Chief Justice Frost and Justices Jewell and Spain (J. Spain, dissenting). Publish — Tex. R. App. P. 47.2(b).