Court of Criminal Appeals of Texas

The State of Texas, Appellant v. Leatha Dry Johnson, Appellee

December 11, 19911991 Tex. Crim. App. LEXIS 272

Summary

The Texas Court of Criminal Appeals held that a trial court may not dismiss a criminal case without the prosecutor’s consent and that the first court’s dismissal did not waive its jurisdiction, so the second court lacked authority to dismiss. The Court vacated the Court of Appeals decision and remanded with instructions to return the case to the original court.