Marbut v. State
Texas Court of Appeals, 10th District (Waco)
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
- Vidaurri v. StateCourt of Criminal Appeals of Texas · 2001
- Phynes v. StateCourt of Criminal Appeals of Texas · 1992
- State v. RieweCourt of Criminal Appeals of Texas · 2000
- White v. StateCourt of Criminal Appeals of Texas · 2001
- Ex Parte BrashearCourt of Criminal Appeals of Texas · 1998
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