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In re Bailey

Court of Appeals Sixth Appellate District of Texas at Texarkana
Dec 16, 2015
No. 06-15-00202-CR (Tex. App. Dec. 16, 2015)

Opinion

No. 06-15-00202-CR

12-16-2015

EX PARTE: ROY BAILEY


On Appeal from the 202nd District Court Bowie County, Texas
Trial Court No. 15F0530-202 Before Morriss, C.J., Moseley and Burgess, JJ.
MEMORANDUM OPINION

"For a court to act, it must have jurisdiction to do so." In re Rubio, 55 S.W.3d 238, 241 (Tex. App.—Corpus Christi 2001, orig. proceeding). "In criminal matters, the presentment of an indictment invests the court with jurisdiction [over] the cause." Id. (citing TEX. CONST. art. V, § 12(b)).

We have been informed in the present case that an indictment was never presented against the appellant and that the charges against him have been dismissed. Consequently, the trial court was never invested with jurisdiction over this matter and we, in turn, are without jurisdiction over this appeal.

In light of the foregoing, we dismiss this appeal for want of jurisdiction.

Bailey C. Moseley

Justice Date Submitted: December 15, 2015
Date Decided: December 16, 2015 Do Not Publish


Summaries of

In re Bailey

Court of Appeals Sixth Appellate District of Texas at Texarkana
Dec 16, 2015
No. 06-15-00202-CR (Tex. App. Dec. 16, 2015)
Case details for

In re Bailey

Case Details

Full title:EX PARTE: ROY BAILEY

Court:Court of Appeals Sixth Appellate District of Texas at Texarkana

Date published: Dec 16, 2015

Citations

No. 06-15-00202-CR (Tex. App. Dec. 16, 2015)