Court of Criminal Appeals of Texas

Derrick Derane Jones, Appellant v. the State of Texas, Appellee

March 19, 19971997 Tex. Crim. App. LEXIS 13

Summary

The Court of Criminal Appeals reversed the Court of Appeals’ reversal and remanded for consideration of the appellant’s second error, holding that Rule 50(e) does not apply when the record was never created and that the appellant failed to preserve the error by not objecting. The decision relied on Williams v. State. Justice Baird dissented, arguing that the case should be remanded so the intermediate appellate court could apply the new authority.