Christopher Lee Caudill v. the State of Texas

DISMISS and Opinion Filed June 4, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00416-CR

CHRISTOPHER LEE CAUDILL, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 416th Judicial District Court
Collin County, Texas
Trial Court Cause No. 416-82928-2023

MEMORANDUM OPINION
Before Chief Justice Burns, Justice Reichek, and Justice Goldstein
Opinion by Chief Justice Burns
In this case, appellant was charged by indictment with sexual assault. On

March 22, 2024, the trial court granted a motion to dismiss. In this case, the record

does not show that a judgment of conviction or other appealable order was signed or

that sentence was imposed against appellant.

An order granting a motion to dismiss is not an appealable order by the

defendant. See Perez v. State, No. 04-22-00664-CR, 2023 WL 2297444, at *1 (Tex.

App.—San Antonio Mar. 1, 2023, no pet.) (mem op.) (per curiam). We asked the

parties to file briefs addressing this Court’s jurisdiction. Appellant’s counsel filed a
brief stating, “Counsel is aware of no authority that would give the Court of Appeals

jurisdiction over a case that was dismissed.”

We dismiss the appeal for want of jurisdiction. Appellant’s appeal in cause

number 05-24-00414-CR remains pending before this Court.

/Robert D. Burns, III/
ROBERT D. BURNS, III
Do Not Publish CHIEF JUSTICE
TEX. R. APP. P. 47.2(b)

240416F.U05

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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

CHRISTOPHER LEE CAUDILL, On Appeal from the 416th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 416-82928-
No. 05-24-00416-CR V. 2023.
Opinion delivered by Chief Justice
THE STATE OF TEXAS, Appellee Burns. Justices Reichek and
Goldstein participating.

Based on the Court’s opinion of this date, the appeal is DISMISSED for
want of jurisdiction.

Judgment entered June 4, 2024

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