The State of Texas v. Ivan Wayne Linebaugh

Opinion

Court of Appeals

Tenth Appellate District of Texas

10-25-00349-CR

The State of Texas,

Appellant

v.

Ivan Wayne Linebaugh,

Appellee

On appeal from the

278th District Court of Madison County, Texas Judge Tracy Sorenson, presiding Trial Court Cause No. 20-13501

JUSTICE HARRIS delivered the opinion of the Court.

MEMORANDUM OPINION

The State appealed from an order granting a motion to quash the indictment in this proceeding. See TEX. CODE CRIM. PROC. art. 44.01(e). After the State filed its notice of appeal, the trial court entered an amended order that instead denied the defendant’s motion to quash the indictment. A denial of a motion to quash an indictment is not appealable by the State. See, generally, TEX. CODE CRIM. PROC. art. 44.1.

Accordingly, this appeal is dismissed for want of jurisdiction.

LEE HARRIS

Justice

OPINION DELIVERED and FILED: October 9, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed Do not publish CR25

The State of Texas v. Linebaugh Page 2