The State of Texas v. Ivan Wayne Linebaugh

Court of Appeals
Tenth Appellate District of Texas

10-25-00349-CR

The State of Texas,
Appellant

v.

Ivan Wayne Linebaugh,
Appellee

On appeal from the
278th District Court of Madison County, Texas
Judge Tracy Sorenson, presiding
Trial Court Cause No. 20-13501

JUSTICE HARRIS delivered the opinion of the Court.

MEMORANDUM OPINION

The State appealed from an order granting a motion to quash the

indictment in this proceeding. See TEX. CODE CRIM. PROC. art. 44.01(e). After

the State filed its notice of appeal, the trial court entered an amended order

that instead denied the defendant’s motion to quash the indictment. A denial

of a motion to quash an indictment is not appealable by the State. See,

generally, TEX. CODE CRIM. PROC. art. 44.1.
Accordingly, this appeal is dismissed for want of jurisdiction.

LEE HARRIS
Justice

OPINION DELIVERED and FILED: October 9, 2025
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Appeal dismissed
Do not publish
CR25

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