Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of February 24, 2020.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Cummings v. Billman, No. 02-20-00034-CV (Feb. 27, 2020) (Sudderth, C.J., joined by Kerr and Wallach, JJ.).

Held: The timely transmittal of a motion to reinstate through eFileTexas.gov extends the appellate deadline for filing a notice of appeal under Texas Rule of Appellate Procedure 26.1(a) even if the sender subsequently cancels the motion before the trial court clerk “files” it.

Hestand v. State, No. 02-18-00334-CR (Feb. 27, 2020) (Gabriel, J., joined by Sudderth, C.J., and Birdwell, J.) (op. on remand).

Held:  Based on the plain language of Family Code Section 51.13(d) and the inclusive definition of “felony” in the Penal Code, Appellant’s prior juvenile adjudication based on the state-jail-felony offense of unauthorized use of a motor vehicle could be used under Section 12.425(b) of the Penal Code to enhance the punishment range available for Appellant’s conviction of the state-jail-felony offense of possession of less than one gram of methamphetamine.