Charles E. Shirley v. State

• Court: Court of Appeals of Texas
• Decided: May 3, 2006
• Docket: 12-06-00118-CR
• Status: Published

Opinion

PER CURIAM HEADING

                NO. 12-06-00118-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CHARLES E SHIRLEY,      §          APPEAL FROM THE 114TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant, acting pro se, attempts to appeal the trial court’s ruling on his petition for writ of habeas corpus.  On April 13, 2006, we notified Appellant pursuant to Texas Rule of Appellate Procedure 37.2 that the information received in this appeal does not include a final judgment or other appealable order.  We further informed him that the appeal would be dismissed unless the information received in the appeal was amended on or before April 28, 2006 to show the jurisdiction of this Court.  On April 18, 2006, Appellant filed a motion to amend to show the jurisdiction of this Court.  However, the motion does not contain a certificate of service as required by Texas Rule of Appellate Procedure 9.5.  Moreover, the motion does not include a copy of a final judgment or appealable order.

            Because Appellant has failed, after notice, to show the jurisdiction of this Court, the appeal is dismissed for want of jurisdiction.  See Tex. R. App. P. 44.3.  Appellant’s motion to amend to show the jurisdiction of this Court is overruled for failure to comply with Rule 9.5.

Opinion delivered May 3, 2006.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(DO NOT PUBLISH)