Dayrin Lamond Robinson v. State

• Court: Court of Appeals of Texas
• Decided: May 25, 2011
• Docket: 10-11-00112-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-11-00112-CR

DAYRIN LAMOND ROBINSON, Appellant v.

THE STATE OF TEXAS, Appellee

From the 40th District Court Ellis County, Texas Trial Court No. 23761CR

MEMORANDUM OPINION

Appellant Dayrin Lemond Robinson filed a pro se notice of appeal. Robinson is

attempting to appeal the trial court’s denial of his motion to dismiss indictment, motion

to discharge (the restraints and disabilities from the order of community supervision),

and motion to withdraw plea. In an opinion issued last year, we detailed the

background of Robinson’s underlying case. Ex parte Robinson, No. 10-10-00048-CR, 2010

WL 2629857 (Tex. App.—Waco June 30, 2010, no pet.) (mem. op., not designated for

publication). In a letter dated April 19, 2011, the Clerk of this Court warned Robinson that this

appeal was subject to dismissal for want of jurisdiction because it appeared that this

Court does not have jurisdiction of his appeal of the denial of his motion to dismiss

indictment, motion to discharge, and motion to withdraw plea. See Abbott v. State, 271

S.W.3d 694 (Tex. Crim. App. 2008) (standard for determining jurisdiction is not whether

appeal is precluded by law, but whether appeal is authorized by law); Everett v. State, 91

S.W.3d 386, 386 (Tex. App.—Waco 2002, no pet.) (stating that this court has jurisdiction

over criminal appeals only when expressly granted by law). We warned Robinson that

we would dismiss his appeal unless, within 21 days, he showed grounds for continuing

it. Robinson has not responded to the Clerk’s warning.

This appeal is dismissed for lack of jurisdiction.

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed May 25, 2011 Do not publish [CR25]

Robinson v. State Page 2