CourtListener 10699809•The State of Texas v. Ivan Wayne Linebaugh
Full text
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Do not publish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
The State of Texas v. Linebaugh Page 2
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