Dan Thomas v. State

• Court: Court of Appeals of Texas
• Decided: May 8, 2008
• Docket: 01-08-00157-CR
• Status: Published

Opinion

Opinion issued May 8, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00157-CR

DAN THOMAS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 1135191

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MEMORANDUM OPINION

          We lack jurisdiction to hear this appeal. On November 16, 2007, appellant Dan Thomas was charged by indictment with the felony offense of possession of a controlled substance in trial court cause number 1135191. At appellant’s request, the trial court made a finding of indigency and appointed counsel to represent appellant. Subsequently, appellant filed a motion to proceed pro se which requested that the trial court remove his appointed counsel. The trial court granted the motion and appellant was allowed to proceed pro se. The case was scheduled for a jury trial on March 10, 2008.

          On March 11, 2008, the State filed a written motion to dismiss cause number 1135191 stating the reason for dismissal as “other.” The motion to dismiss was signed by an Assistant District Attorney for Harris County, Texas. Included with the motion to dismiss is the following order:

“The foregoing motion having been presented to me on this the 11th day of March, A.D. 2008 and the same having been considered, it is, therefore, ORDERED, ADJUDGED AND DECREED that said above entitled and numbered cause be and the same is hereby dismissed.”

The order is signed Mary Lou Keel, Judge, 232nd District Court, Harris County, Texas. See Tex. Code Crim. Proc. Ann. Art. 32.02 (Vernon 2007). The trial court’s order dismissed the charges against appellant.

          On March 18, 2008, appellant filed a pro se notice of appeal. Because the underlying charges were dismissed, there is no final judgment of conviction or other appealable order for this Court to review.

          We therefore dismiss the appeal for lack of jurisdiction.

          It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).