From Casetext: Smarter Legal Research

State v. Solis

State of Texas in the Eleventh Court of Appeals
Feb 15, 2018
No. 11-17-00273-CR (Tex. App. Feb. 15, 2018)

Opinion

No. 11-17-00273-CR

02-15-2018

THE STATE OF TEXAS, Appellant v. ANGEL SOLIS, Appellee


On Appeal from the 385th District Court Midland County, Texas
Trial Court Cause No. CR49544

MEMORANDUM OPINION

After the trial court granted Angel Solis's motion to suppress, the State timely filed a notice of appeal. Due to a deficiency in the notice of appeal, we must dismiss the appeal.

The State's notice of appeal does not contain a certification from the prosecuting attorney "that the evidence, confession, or admission is of substantial importance in the case." See TEX. CODE CRIM. PROC. ANN. art 44.01(a)(5) (West Supp. 2017). The Court of Criminal Appeals has determined that such a certification is jurisdictional and that the lack of such a certification deprives a court of appeals of jurisdiction. State v. Redus, 445 S.W.3d 151, 155-56 (Tex. Crim. App. 2014); State v. Riewe, 13 S.W.3d 408, 411 (Tex. Crim. App. 2000). On February 1, 2018, the clerk of this court notified the parties that it appeared that we lacked jurisdiction over the appeal pursuant to Redus and Riewe. We requested that the State respond to our letter and show grounds to continue. The State has filed a response in which it concedes that the notice of appeal does not meet the requirements of Article 44.01(a)(5) and that this court lacks jurisdiction in this matter.

Accordingly, we dismiss this appeal for want of jurisdiction.

PER CURIAM February 15, 2018 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Willson, J.,
Bailey, J., and Wright, S.C.J.

Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.


Summaries of

State v. Solis

State of Texas in the Eleventh Court of Appeals
Feb 15, 2018
No. 11-17-00273-CR (Tex. App. Feb. 15, 2018)
Case details for

State v. Solis

Case Details

Full title:THE STATE OF TEXAS, Appellant v. ANGEL SOLIS, Appellee

Court:State of Texas in the Eleventh Court of Appeals

Date published: Feb 15, 2018

Citations

No. 11-17-00273-CR (Tex. App. Feb. 15, 2018)