LEWIS, WILLIAM SOLOMON v. the State of Texas
This text of LEWIS, WILLIAM SOLOMON v. the State of Texas (LEWIS, WILLIAM SOLOMON v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0564-23
WILLIAM SOLOMON LEWIS, Appellant
v.
THE STATE OF TEXAS
ON THE STATE’S MOTION TO DISMISS STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTEENTH COURT OF APPEALS HARRIS COUNTY
Per curiam.
OPINION
Appellant was convicted of retaliation. The court of appeals held the evidence was
legally insufficient and rendered a judgment of acquittal. Lewis v. State, 672 S.W.3d 541
(Tex. App.—Houston [14th Dist.] 2023). The State filed a petition for discretionary
review which we granted.
The State has now filed a motion to dismiss the appeal pursuant to Texas Rule of
Appellate Procedure 42.4, because appellant has escaped from custody. We have reviewed the State’s motion and the evidence and conclude that appellant escaped from
custody within the terms of Rule 42.4. TEX. R. APP. P. 42.4 (appellate court must dismiss
appeal on State’s motion, supported by affidavit, showing that appellant has escaped from
custody pending the appeal and has not within ten days voluntarily returned to custody).
We grant the State’s motion, dismiss the State’s petition for discretionary review,
order the court of appeals to withdraw its opinion, and we affirm the judgment of the trial
court.
Delivered July 31, 2024 Publish
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