Legal Opinion

Depew v. State

Court of Appeals of Texas

Decided September 14, 1992No. 05-91-01449-CRPublishedCited by 5 opinions

1Opinion of the Court

*88OPINION

MALONEY, Justice.

Appellant and the State jointly moved to remand this cause for a new punishment trial under rule 80(c). See Tex.R.App.P. 80(c). We deny the parties’ joint motion.

The jury convicted appellant of theft of property over the value of $20,000 and assessed a 20-year sentence on June 14, 1991. Appellant’s timely filed motion for new trial was overruled by operation of law. This cause is presently pending submission in this Court.

APPLICABLE RULES

No rule expressly provides the relief which the parties seek.

The rules give this Court power to “make any other appropriate order, as…

2Cases cited3 opinions

  1. Trevino v. StateCourt of Criminal Appeals of Texas · 1978
  2. Geter v. FortenberryCourt of Appeals for the Fifth Circuit · 1988
  3. Owens v. State, Texas Court of Appeals, 5th District (Dallas)1988

3Cited by5 opinions

  1. Billy Ray Risley v. State, Texas Court of Appeals, 2nd District (Fort Worth)2007
  2. Billy Ray Risley v. State, Texas Court of Appeals, 2nd District (Fort Worth)2007
  3. Patrick Braun v. State, Texas Court of Appeals, 2nd District (Fort Worth)2009
  4. Patrick Braun v. State, Texas Court of Appeals, 2nd District (Fort Worth)2009
  5. Patrick Braun v. State, Texas Court of Appeals, 2nd District (Fort Worth)2009

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