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Lapointe v. State

Court of Appeals of Texas, Third District, Austin
Aug 29, 2003
No. 03-03-00473-CR (Tex. App. Aug. 29, 2003)

Opinion

No. 03-03-00473-CR.

Filed: August 29, 2003. DO NOT PUBLISH.

Appeal from the District Court of Williamson County, 368th Judicial District No. 01-1067-K368, Honorable Burt Carnes, Judge Presiding. Dismissed.

Before Chief Justice LAW, Justices B.A. SMITH and PURYEAR.


MEMORANDUM OPINION


In November 2001, James Thomas LaPointe was indicted in this cause for aggravated sexual assault and aggravated kidnapping. In February 2003, he was reindicted in local cause number 03-111-K368 for the same offenses, plus an additional count. The earlier cause was dismissed after he was convicted in the latter cause. LaPointe filed a notice of appeal under both cause numbers. Because there was no judgment of conviction or other appealable order in the instant cause, there is nothing to appeal and our jurisdiction is not invoked. The State's motion to dismiss this appeal is granted. This does not affect LaPointe's appeal from the judgment of conviction in cause number 03-111-K368, our cause number 03-03-00460-CR. The appeal is dismissed.

The district court ordered that all motions, orders, and subpoenas filed in the instant cause were to be applicable in cause number 03-111-K368. Therefore, those documents should be included in the clerk's record in our cause number 03-03-00460-CR.


Summaries of

Lapointe v. State

Court of Appeals of Texas, Third District, Austin
Aug 29, 2003
No. 03-03-00473-CR (Tex. App. Aug. 29, 2003)
Case details for

Lapointe v. State

Case Details

Full title:JAMES THOMAS LAPOINTE, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Aug 29, 2003

Citations

No. 03-03-00473-CR (Tex. App. Aug. 29, 2003)