Curtis Antonio Davis v. State

• Court: Court of Appeals of Texas
• Decided: October 11, 2007
• Docket: 12-07-00326-CR
• Status: Published

Opinion

                NO. 12-07-00326-CR

NO. 12-07-00327-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CURTIS ANTONIO DAVIS,           §          APPEAL FROM THE

APPELLANT

V.        §          COUNTY COURT AT LAW NO. 3 OF

THE STATE OF TEXAS,

APPELLEE   §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant Curtis Antonio Davis attempts to appeal from an order denying his “Motion to Recall Judgment to Perfect Appeal.”  As a general rule, an appeal in a criminal case may be taken only from a judgment of conviction.  See Workman v. State, 170 Tex. Crim. 621, 622, 343 S.W.2d 446, 447 (Tex. Crim. App.1961).  However, this rule has certain narrow exceptions.  See Wright v. State, 969 S.W.2d 588, 589 (Tex. App.–Dallas 1998, no pet.) (listing exceptions).  The order Appellant complains of is not a judgment of conviction, nor does it fall within any exception to the general rule.  Therefore, we have no jurisdiction over the appeals. 

            On September 5, 2007, this court notified Appellant that the information received in these appeals did not include a final judgment or other appealable order and therefore did not show the jurisdiction of this court.  See Tex. R. App. P. 37.2.  Appellant was further notified that the appeals would be dismissed unless the information was amended on or before October 5, 2007 to show the jurisdiction of this court.  See Tex. R. App. P. 44.3.  This deadline has now passed, and Appellant has neither shown the jurisdiction of this court or otherwise responded to its September 5, 2007 notice.  Accordingly, the appeals are dismissed for want of jurisdiction.  See Tex. R. App. P. 42.3(a).

Opinion delivered October 11, 2007.

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

(DO NOT PUBLISH)