Brandi Rhnee Shelton v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 21, 2023
• Docket: 09-23-00121-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00121-CR __________________

BRANDI RHNEE SHELTON, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 163rd District Court Orange County, Texas Trial Cause No. B230038-R __________________________________________________________________

MEMORANDUM OPINION

On April 20, 2023, Brandi Rhnee Shelton filed a notice of appeal in which she

gave this Court notice of her intent to appeal from a ruling from the 163rd District

Court of Orange County denying her petition for habeas relief. Her notice of appeal

failed to state whether the trial court had signed a written order denying her petition

and failed to state the date on which the order (if there was one) was signed.

On May 4, 2023, we notified the parties that it appeared no appealable order

had been signed in the case. We also notified the parties and the trial court that we

1 had not received a certification of the defendant’s right to appeal. We warned the

parties that unless our jurisdiction was established over Shelton’s appeal by May 19,

the appeal would be dismissed without further notice.

Subsequently, neither party filed responded to our notice. Thus, there is

nothing in our record to explain how this Court has jurisdiction over Shelton’s

appeal. We have not neither received a copy of an order denying Shelton’s

application for a writ of habeas corpus, nor have we received a certification that

shows Shelton has a right to appeal.

Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App.

P. 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on June 20, 2023 Opinion Delivered June 21, 2023 Do Not Publish

Before Horton, Johnson and Wright, JJ.