© 1999 Lang Baker
Rodriquez v State992 S.W.2d 483April 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 APPELLANTS 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, appellants general notice of appeal failed to vest the Court of Appeals with jurisdiction over appellants appeal. Rodriquez, 972 S.W.2d at 139. We granted appellants 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 appellants 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) 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.
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