Garcia v. Dial

In Garcia v. Dial, 596 S.W.2d 524 (Tex. Crim. App. 1980), the trial court initially granted the defendant's motion to dismiss the indictment. Id. at 526. The trial court later entered an order attempting to reinstate the indictment. Id. The Court held that once the indictment was dismissed, the trial court lost jurisdiction over the cause and had no power to enter any further orders. Id. at 528. In directing the trial court to set aside its order, we held "that the entry of such order of dismissal under these circumstances is strictly ministerial in nature." Id. at 529. Thus, once a court loses jurisdiction to act, it cannot rise like a phoenix from the ashes and reassert its jurisdiction without statutory authority. The Court of Criminal Appeals held when a trial court empowered with jurisdiction of a criminal case sustains a motion to dismiss a criminal case, the person accused thereunder is, in law, wholly discharged from the accusation against him. As there is no case pending against the accused, jurisdiction does not remain in the dismissing court. Id. In Garcia, the trial court dismissed the indictment against the accused pursuant to the then existing Texas Speedy Trial Act. The trial court later attempted to reinstate the indictment upon the State's motion for reconsideration. The Garcia court held that once the indictment was dismissed against an accused, the trial court was without jurisdiction to take any further action. Id.