James Ellis Chandler v. The State of Texas--Appeal from 40th District Court of Ellis County

State: Texas

Court: Texas Northern District Court

Docket No: 10-93-00153-CR

Case Date: 12/01/1993

Plaintiff: James Ellis Chandler

Defendant: The State of Texas--Appeal from 40th District Court of Ellis County

Preview:James Ellis Chandler v. The State of Texas--Appeal from 40th District Court of Ellis County
IN THE TENTH COURT OF APPEALS

No. 10-93-153-CR

JAMES ELLIS CHANDLER, Appellant v.

THE STATE OF TEXAS, Appellee

From the 40th District Court Ellis County, Texas Trial Court # 18,252

MEMORANDUM OPINION

James Chandler and the State filed an Agreed Motion to Dismiss this cause. We deny the parties' motion because it does not comply with Rule 59(b) of the Texas Rules of Appellate Procedure. // We also note that, though Chandler has now signed a Waiver of the Right to File Motion for New Trial And/Or To Appeal, a copy of which was attached to the Agreed Motion to Dismiss, the original waiver was filed in the district court after the record was filed in the court of appeals. As a result, the trial court lacked the jurisdiction to consider his waiver of the right to appeal. // A jury found Chandler guilty of robbery and assessed punishment at life in prison. In an opinion delivered on February 10, 1993, this court affirmed Chandler's conviction, but remanded the cause to the trial court for a new trial on punishment only. // Chandler waived his right to a jury at the new punishment trial, and the trial court assessed punishment, again at life in prison. Chandler again appeals his conviction, but has filed no statement of facts and raises no complaint from his new trial on punishment. Instead, in five points of error, Chandler again complains of trial court error arising out of the guilt-innocence phase of the trial. An appellant, however, may not assert any error that

file:///C|/Users/Peter/Desktop/opinions/PDFs1/1049.html[8/20/2013 7:03:30 PM]

occurred during the guilt-innocence phase of the trial when he is appealing from the retrial of only the punishment phase of his trial. // The guilt-innocence phase of Chandler's trial has previously been appealed, and his conviction affirmed by this court. Accordingly, we overrule Chandler's five points of error. We affirm the judgment. BOBBY L. CUMMINGS Justice

Before Chief Justice Thomas, Justice Cummings, and Justice Vance Affirmed Opinion delivered and filed December 1, 1993 Do not publish

file:///C|/Users/Peter/Desktop/opinions/PDFs1/1049.html[8/20/2013 7:03:30 PM]

Download 1049.pdf