IN THE
TENTH COURT OF APPEALS
No. 10-07-00295-CR
JOHNNY RAY ABBOTT,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 28838CR
MEMORANDUM OPINION
On the State’s petition for discretionary review, the Court of Criminal Appeals
reversed our decision in this case, holding that we lacked jurisdiction over this appeal
and that we should have dismissed it for lack of jurisdiction. See Abbott v. State, 271
S.W.3d 694 (Tex. Crim. App. 2008).
The case was remanded to us for further proceedings consistent with the Court
of Criminal Appeals’ opinion. Id. at 697. Upon our request, neither party has provided
additional briefing on remand and both have waived any further response.
We dismiss this case for lack of jurisdiction. TEX. R. APP. P. 43.2(f).
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Dismissed
Opinion delivered and filed May 13, 2009
Do not publish
[CR25]
Abbott v. State Page 2