Legal Opinion

Jenkins v. State

Court of Appeals of Texas

Decided December 20, 2017No. 04-17-00114-CRPublishedCited by 2 opinions

1Opinion of the Court

OPINION

Opinion by:

Karen Angelini, Justice

In this appeal, we are presented with this issue: does a charging instrument that does not identify the defendant by name, but which is preceded by a caption that does identify the defendant by name, meet the jurisdictional requirement that a charging instrument name a “person” as set forth in article V, § 12(b) of the Texas Constitution? Because we conclude that it does not, we hold that the charging instrument in this case did not vest the trial court with jurisdiction. Therefore, Appellant Deondre Javqueen Jenkins’s conviction is void.

Background

In…

2Cases cited17 opinions

  1. State v. MoffCourt of Criminal Appeals of Texas · 2004
  2. Studer v. StateCourt of Criminal Appeals of Texas · 1990
  3. Duron v. StateCourt of Criminal Appeals of Texas · 1997
  4. Teal v. StateCourt of Criminal Appeals of Texas · 2007
  5. Cook v. StateCourt of Criminal Appeals of Texas · 1995

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3Cited by2 opinions

  1. Jenkins v. Bobby LumpkinDistrict Court, W.D. Texas · 2021
  2. Jenkins, Deondre JavqueenCourt of Criminal Appeals of Texas · 2018

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