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Bianchi v. State

Court of Appeals of Texas, Tenth District, Waco
Jul 11, 2007
No. 10-07-00155-CR (Tex. App. Jul. 11, 2007)

Opinion

No. 10-07-00155-CR

Opinion delivered and filed July 11, 2007. DO NOT PUBLISH.

Appeal from the County Court Madison County, Texas, Trial Court No. E437385.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


Ralph Bianchi filed an appeal from a conviction in justice court in Madison County, Texas. The Clerk of this Court warned Bianchi by letter that his appeal was subject to dismissal for want of jurisdiction because appeals from the justice court are to be heard by the county court in a trial de novo, that is, a new trial. TEX. CODE CRIM. PROC. ANN. art. 45.042(a), (b) (Vernon 2006); TEX. R. APP. P. 44.3. Based on a review of the documents provided to the Court, it did not appear to the Clerk that Bianchi's appeal was first heard by the county court. The Clerk further warned Bianchi that the Court may dismiss this appeal unless, within 21 days of the date of this letter, a response is filed showing grounds for continuing the appeal. Bianchi responded to the Clerk's letter, acknowledging that he filed his appeal in the wrong court. Accordingly, this appeal is dismissed. TEX. R. APP. P. 44.3.


Summaries of

Bianchi v. State

Court of Appeals of Texas, Tenth District, Waco
Jul 11, 2007
No. 10-07-00155-CR (Tex. App. Jul. 11, 2007)
Case details for

Bianchi v. State

Case Details

Full title:RALPH J. BIANCHI, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Jul 11, 2007

Citations

No. 10-07-00155-CR (Tex. App. Jul. 11, 2007)