Legal Opinion · Concurrence

Luciano v. State

Court of Criminal Appeals of Texas

Decided September 20, 1995No. 854-93Published

1ConcurrenceClinton, Judge

We are reviewing a judgment of the court of appeals to determine whether, as applicant claims in his sole ground for review:

The court of appeals erred in granting the State’s motion to dismiss appellant’s appeal, for the reason that appellant had not escaped from custody as contemplated by TRAP 60(b).

See Luciano v. State, 855 S.W.2d 882 (Tex.App.-El Paso 1993).1

The majority blurs critical facts of this matter on the first page of its opinion. A chronology of events pertinent to resolution of issues presented by the ground for review is collated in the margin.2 So far as this record shows…

2Cases cited21 opinions

  1. Molinaro v. New JerseySupreme Court of the United States · 1970
  2. Ex Parte TwymanCourt of Criminal Appeals of Texas · 1986
  3. Austell v. StateCourt of Criminal Appeals of Texas · 1982
  4. McGee v. StateCourt of Criminal Appeals of Texas · 1969
  5. Ex Parte QuinnCourt of Criminal Appeals of Texas · 1977

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