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Christina Torres v. Conseco Finance Servicing Corporation

Citation: Not availableDocket: 06-02-00146-CV

Court: Court of Appeals of Texas; October 9, 2002; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case of Christina Torres v. Conseco Finance Servicing Corporation, the appellant, Christina Torres, filed a motion indicating that the case has been settled and requested the dismissal of her appeal. The court granted her motion in accordance with Texas Rule of Appellate Procedure 42.1, resulting in the dismissal of the appeal. In a separate matter, Jeremy Ray Brown appealed his jury conviction for aggravated sexual assault of a child, which included two additional counts of the same offense. The jury sentenced him to seventeen years' imprisonment for each count. The appeals for these convictions were briefed together, and because the arguments were identical to those in a related case (Brown v. State, cause number 06-04-00113-CR), the court resolved the issues in favor of Brown. Consequently, the court reversed the judgment and remanded the case to the trial court for a new trial.

Legal Issues Addressed

Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1

Application: The court granted the appellant's request for dismissal after a settlement was reached, following the procedural rules for dismissing an appeal.

Reasoning: The court granted her motion in accordance with Texas Rule of Appellate Procedure 42.1, resulting in the dismissal of the appeal.

Reversal of Conviction and Remand for New Trial

Application: The court reversed the jury conviction and remanded the case for a new trial due to identical arguments resolved in favor of the appellant in a related case.

Reasoning: Consequently, the court reversed the judgment and remanded the case to the trial court for a new trial.