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Judgment of Acquittal After Reversal on Appeal

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June 17, 2008, 19:36
Robert
Judgment of Acquittal After Reversal on Appeal
I lost an appeal. The appellate court issued a mandate: We reverse the trial court's judgment and render a judgment of acquittal. Is that the end of the matter? Or, do I need to draft a judgment reflecting the appellate court's ruling? This sounds like a dumb question, but I don't deal with this often. Thank you in advance for any assistance.
June 17, 2008, 19:48
DPB
Leave that to the trial court. To do otherwise just sounds like pouring salt into the wound.
June 18, 2008, 09:09
rk
I would think the Trial Court will probably have you do an order after mandate.

I haven't done one for a dismissal/ acquital. But I've had to do them for random other things.

Plus, I'm pretty sure we're on borrowed time on a conviction right now. So, please post an update of what you end up doing.
June 18, 2008, 10:16
John Brasher
There's nothing you need to do. See Tex. R. App. P. 51.2(d)
June 19, 2008, 08:28
Robert
I guess there is no substitute for reading the rules. Thank you for your responses.