Legal Opinion · Concurrence

Means v. State

Court of Criminal Appeals of Texas

Decided June 14, 1977No. 54975Published

1Concurrence

ODOM, Judge.

I concur in the dismissal of this appeal. Because the sentence was untimely pronounced, this Court is without jurisdiction. Although the majority decline to expressly acknowledge that lack of jurisdiction is the cause for dismissal, the fact of dismissal in this case necessarily implies a lack of jurisdiction because no lesser defect would support our action.

The Constitution of Texas mandates this Court’s appellate jurisdiction:

“The Court of Criminal Appeals shall have appellate jurisdiction co-extensive with the limits of the State in all criminal eases of whatever grade, with…

2Cases cited4 opinions

  1. Ex Parte ShieldsCourt of Criminal Appeals of Texas · 1977
  2. Ex Parte NorvellCourt of Criminal Appeals of Texas · 1975
  3. Young v. StateCourt of Criminal Appeals of Texas · 1943
  4. Chumbley v. StateCourt of Criminal Appeals of Texas · 1939

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