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Rodriquez v State

992 S.W.2d 483
April 28, 1999
No. 1281-98
Majority opinion by Presiding Judge McCormick
Links to other opinions in this case:
Concurring opinion by Judge Mansfield
Dissenting opinion by Judge Johnson


IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 1281-98

EDWARD DAVILIA 1 RODRIQUEZ,2 Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE SIXTH COURT OF APPEALS

TARRANT COUNTY

McCormick, P.J., delivered the opinion of the Court, in which Mansfield, Keller, Womack and Keasler, JJ., joined; Mansfield, J., filed a concurring opinion in which Keller, J., joined; Johnson, J., filed a dissenting opinion in which Meyers, Price and Holland, JJ., joined.

O P I N I O N

After appellant pled nolo contendere to voluntary manslaughter, the trial court placed him on ten years’ deferred adjudication probation. The trial court subsequently adjudicated appellant guilty of the voluntary manslaughter offense and sentenced him to twenty years’ confinement.

Appellant filed a direct appeal from the adjudication proceeding claiming the State failed to use due diligence in apprehending him and bringing him before the trial court for a hearing. The Court of Appeals dismissed the appeal for lack of jurisdiction because, among other things, appellant’s general notice of appeal failed to vest the Court of Appeals with jurisdiction over appellant’s appeal. Rodriquez, 972 S.W.2d at 139.

We granted appellant’s discretionary review petition to review this decision. Although we disagree with the Court of Appeals’ reasoning, we agree with its ultimate holding that it lacked jurisdiction over appellant’s appeal based on our recent decision in Connolly v. State, 983 S.W.2d 738, 741, (Tex.Cr.App. 1999).

The judgment of the Court of Appeals is affirmed.

McCormick, Presiding Judge

(Delivered April 28, 1999)
En Banc
1
There is some dispute as to the correct spelling of appellant’s middle name. Appellant’s discretionary review petition spells it as “Davilla.” Appellant’s brief spells it as “Davilia.” The State’s brief spells it is as “Davila.” The Court of Appeals’ opinion spells it as “Davilia.” Rodriquez v. State, 972 S.W.2d 135 (Tex.App.--Texarkana 1998). We use the spelling used in the Court of Appeals’ opinion.
2
There is also some dispute as to the correct spelling of appellant’s surname. Appellant’s discretionary review petition and brief spell it as “Rodriguez.” The State’s brief spells it as “Rodriquez.” The Court of Appeals’ opinion spells it as “Rodriquez.” Id. We use the spelling used in the Court of Appeals’ opinion.


This information is made available as a free public service for your personal, non-commercial use. While every effort has been made to provide accurate material at this site, it is provided "as is" and no representations are made that it is free of mistakes or inaccuracies. This file was derived from the text posted on the web site of the Texas Court of Criminal Appeals, by the automatic operation of conversion software, and may contain errors.

Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
Casenotes Listing Table of Recent Opinions
Send your comments or suggestions to fei@bakers-legal-pages.com
© 1999 Lang Baker