BUTLER v. STATE

Nos. 01-02-01126-CR, 01-02-01127-CR.

135 S.W.3d 866 (2004)

Chad L. BUTLER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled April 1, 2004.


Attorney(s) appearing for the Case

Leslie Werner de Soliz, Brown & Associates, Victoria, William Patterson, Pasadena, TX, for Appellant.

Charles A. Rosenthal, Jr., District Attorney—Harris County, Dan McCrory, Assistant District Attorney, William J. Delmore, III, Chief Prosecutor, Appellate Division, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices JENNINGS and LAURA CARTER HIGLEY.


OPINION

LAURA CARTER HIGLEY, Justice.

In these two appeals, we determine whether we have jurisdiction to review the trial court's denial of motions for new trial when the substance of the challenged motions related to the trial court's determination to adjudicate guilt. Because we conclude that the appeals presented here constitute "appeal[s] . . . taken from th[e] determination" to adjudicate an appellant's guilt, as prohibited by Code of Criminal Procedure...

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