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Walker v. State

State of Texas in the Fourteenth Court of Appeals
Mar 5, 2019
NO. 14-18-00601-CR (Tex. App. Mar. 5, 2019)

Opinion

NO. 14-18-00601-CR

03-05-2019

KENDRICK DWAYNE WALKER, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 208th District Court Harris County, Texas
Trial Court Cause No. 1540170

DISSENT TO DENIAL OF MOTION TO ABATE THE APPEAL AND REMAND THE CASE FOR A HEARING ON APPELLANT'S MOTION FOR NEW TRIAL

Because appellant's motion for new trial raises issues which are not determinable from the record, I would grant appellant's motion to abate the appeal and remand the case to the trial court for a hearing on appellant's motion for new trial so that appellant has meaningful appellate review. See Smith v. State, 286 S.W.3d 333, 338 (Tex. Crim. App. 2009); Hemphill v. State, No. 14-13-00395-CR, 2015 WL 1456338, at *5-*10 (Tex. App.—Houston [14th Dist.] Mar. 26, 2015, no pet.) (mem. op., not designated for publication).

Accordingly, I dissent from the denial of appellant's motion to abate the appeal and remand the case to the trial court for a hearing on appellant's motion for new trial.

/s/ Charles A. Spain

Justice Panel consists of Chief Justice Frost and Justices Jewell and Spain (J. Spain, dissenting).
Publish — Tex. R. App. P. 47.2(b).


Summaries of

Walker v. State

State of Texas in the Fourteenth Court of Appeals
Mar 5, 2019
NO. 14-18-00601-CR (Tex. App. Mar. 5, 2019)
Case details for

Walker v. State

Case Details

Full title:KENDRICK DWAYNE WALKER, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Mar 5, 2019

Citations

NO. 14-18-00601-CR (Tex. App. Mar. 5, 2019)