The State of Texas v. Ivan Wayne Linebaugh
This text of The State of Texas v. Ivan Wayne Linebaugh (The State of Texas v. Ivan Wayne Linebaugh) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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DELIVERED and FILED: October 9, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed Do not publish CR25
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