Marcus Dixon v. State

• Court: Court of Appeals of Texas
• Decided: June 25, 2009
• Docket: 14-09-00452-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed June 25, 2009

Dismissed and Memorandum Opinion filed June 25, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00452-CR

MARCUS DIXON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 1165680

M E M O R A N D U M   O P I N I O N

Appellant was indicted in this cause for possession of a controlled substance.  On November 17, 2008, the State filed a motion to dismiss, noting that the case had been refiled in cause number 1190713.  The trial court granted the motion to dismiss on November 18, 2008.  Appellant filed a notice of appeal on December 15, 2008, attempting to appeal the trial court=s order dismissing the indictment.

The rules provide that a criminal defendant has the right to appeal a judgment of guilt or other appealable order.  Tex. R. App. P. 25.2(a)(2).  By statute, the State is permitted to appeal an order dismissing an indictment, but this right is not extended to the defendant.  See Tex. Code Crim. Proc. Ann. art. 44.01(a)(1) (Vernon Supp. 2008).  Thus, the order dismissing the indictment in this cause is not an appealable order.

The appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Anderson, Guzman, and Boyce.

Do Not Publish C Tex. R. App. P. 47.2(b).