Barry Dwayne Minnfee v. State

• Court: Court of Appeals of Texas
• Decided: April 16, 2008
• Docket: 07-08-00147-CR
• Status: Published

Opinion

NO. 07-08-0147-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

APRIL 16, 2008

______________________________

BARRY DWAYNE MINNFEE,

Appellant

v.

THE STATE OF TEXAS,

Appellee

_________________________________

FROM THE 320^th DISTRICT COURT OF POTTER COUNTY;

NO. 49,678-D; HONORABLE DON R. EMERSON, JUDGE

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Memorandum Opinion

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Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Before the court is a document filed by Barry Dwayne Minnfee. Though entitled "notice of appeal," among other things, the writing fails to disclose the judgment or final order from which he appeals. Instead, Minnfee seems to be asking that we review his request to preserve "evidence containing biological material." However, the trial court has yet to execute a final order addressing the matter. Since the existence of such an order or judgment is a prerequisite to our exercising jurisdiction, see Verdin v. State, 13 S.W.3d 121, 122-23 (Tex. App.-Tyler 2000, no pet.) (requiring a final appealable order or an appealable interlocutory order by the trial court for jurisdiction), we dismiss the appeal for want of jurisdiction.

Per Curiam

Do not publish.

3 L. Ed. 2d 821, 828 (1985) (holding that indigent defendant is entitled to the effective assistance of counsel on the first appeal as a matter of right and that counsel must be available to assist in preparing and submitting an appellate brief).

Tex. R. App. P. 38.8(b)(2).

We further direct the trial court to issue findings of fact and conclusions of law addressing the foregoing subjects. Should the trial court find that appellant desires to pursue this appeal and has been denied effective assistance of counsel, then we further direct the court to appoint new counsel to assist in the prosecution of the appeal. The name, address, phone number, fax number and state bar number of the new counsel who will represent appellant on appeal must also be included in the court's findings of fact and conclusions of law. Furthermore, the trial court shall also cause to be developed (1) a supplemental clerk's record containing the findings of fact and conclusions of law and (2) a supplemental reporter's record transcribing the evidence and argument presented at the hearing. Tex. R. App. P. 38.8(b)(3). Additionally, the trial court shall cause the supplemental clerk's record and the supplemental reporter's record to be filed with the clerk of this court on or before July 22, 2005. Should additional time be needed to perform these tasks, the trial court may request additional time before July 22, 2005.