Court of Appeals Tenth Appellate District of Texas 10-25-00349-CR

The State of Texas, Appellant v. Ivan Wayne Linebaugh, Appellee

On appeal from the 278th District Court of Madison County, Texas Judge Tracy Sorenson, presiding Trial Court Cause No. 20-13501 JUSTICE HARRIS delivered the opinion of the Court.

MEMORANDUM OPINION The State appealed from an order granting a motion to quash the indictment in this proceeding. See TEX. CODE CRIM. PROC. art. 44.01(e). After the State filed its notice of appeal, the trial court entered an amended order that instead denied the defendant’s motion to quash the indictment. A denial of a motion to quash an indictment is not appealable by the State. See, generally, TEX. CODE CRIM. PROC. art. 44.1.

Accordingly, this appeal is dismissed for want of jurisdiction.

LEE HARRIS Justice OPINION DELIVERED and FILED: October 9, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed Do not publish CR25

The State of Texas v. Linebaugh Page 2