Legal Opinion · Dissent

Marbut v. State

Texas Court of Appeals, 10th District (Waco)

Decided May 22, 2002No. 10-01-091-CRPublished

1DissentGray, Justice

We have no jurisdiction of this appeal. Let me count the ways. Three.

First: Texas Rule of Appellate Procedure 25.2(b)(3);

Second: Texas Code of Criminal Procedure 42.12, sec. (5)(b); and

Third: Texas Rule of Appellate Procedure 50.

*751Because the majority rules on the merits of the complaint, rather than dismissing it for want of jurisdiction, I respectfully dissent.

RULE OF APPELLATE PROCEDURE 25.2(b)(3)

Because this is an appeal of a judgment from a plea bargain, in which the punishment assessed did not exceed the punishment agreed to, Rule 25.2(b)(3) is applicable. The full text of the applicable…

2Cases cited7 opinions

  1. Vidaurri v. StateCourt of Criminal Appeals of Texas · 2001
  2. Phynes v. StateCourt of Criminal Appeals of Texas · 1992
  3. State v. RieweCourt of Criminal Appeals of Texas · 2000
  4. White v. StateCourt of Criminal Appeals of Texas · 2001
  5. Ex Parte BrashearCourt of Criminal Appeals of Texas · 1998

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