Dayanara Baker v. The State of Texas

Summary

The Texas Court of Appeals, Third District, lifted its prior abatement, reinstated Dayanara Baker’s pro se appeal, and dismissed it for want of jurisdiction. The dismissal followed the trial court’s certification that the underlying case was still pending and that no appealable order had been entered.

Holdings

1. The court of appeals lacks jurisdiction over an appeal when the trial court has certified that the underlying case is pending and that no appealable order has been entered; the appeal must therefore be dismissed for want of jurisdiction.

Questions Presented

1. Whether the court of appeals had jurisdiction over an appeal when the trial court certified that the underlying criminal case remained pending and that no appealable order had been entered.

Disposition

dismissed