Lapasnick v. State

It is not necessary to quarrel with the majority’s conclusion that the December 30, 1986, dismissal of cause no. 362,520, in which appellant was first charged with driving while intoxicated on March 8, 1986, was a final valid order. There can be no doubt that, according to Garcia v. Dial, 596 S.W.2d 524, 528 (Tex.Crim.App.1980), following such dismissal, there was “no case, pending against [appellant] and, accordingly, no jurisdiction remaining in the dismissing court.” This holding furnished the basis for the dispositive holding in Gar-da that after such dismissal “the jurisdiction of the…