Opinion
No. 04-15-00313-CR
08-29-2017
The STATE of Texas, Appellant v. James Burke JARREAU (Cross Appellant), Appellee
From the 216th Judicial District Court, Gillespie County, Texas
Trial Court No. 5552
Honorable N. Keith Williams, Judge Presiding
ORDER
Sitting Karen Angelini, Justice Marialyn Barnard, Justice Luz Elena D. Chapa, Justice
This matter arose in this court when State filed a notice of appeal challenging the trial court's order granting appellee's motion to quash the indictment. Thereafter, appellee filed his own notice of appeal, challenging the fact that the trial court granted his motion only on certain grounds and not on others. In response, the State filed a motion to strike the cross-points raised in cross-appellant's brief for want of jurisdiction. After receiving a response and reviewing both the order and the response, this court ordered the motion to be carried with the appeal. Ultimately, however, given our original disposition, we determined the State's motion was moot. The Texas Court of Criminal Appeals reversed our decision and remanded the matter back to this court to consider the State's remaining issues. We ordered supplemental briefing. When the State filed its supplemental brief, it also filed a motion reurging its motion to strike appellee's cross-points. After review, we again ORDER the State's motion carried with the appeal.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of August, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk