Denzel Joseph Johnson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 18, 2024
• Docket: 05-24-01059-CR
• Status: Published

Opinion

Dismissed and Opinion Filed September 18, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01059-CR

DENZEL JOSEPH JOHNSON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-82817-2023

MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Garcia Opinion by Justice Smith In this case, there is no conviction because the trial court granted the State’s

Motion to Dismiss Prosecution. Generally, this Court has jurisdiction to consider

appeals by criminal defendants only after a judgment of conviction. Wright v. State,

969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.). Because there is no

judgment of conviction or other appealable order, we lack jurisdiction over this

appeal. We requested the parties to file letter briefs addressing this Court’s

jurisdiction. Appellant’s counsel filed a brief stating the notice of appeal was filed

in error and agreeing that this Court does not have jurisdiction.

We dismiss this appeal for want of jurisdiction.1

241059f.u05 /Craig Smith// Do Not Publish CRAIG SMITH TEX. R. APP. P. 47.2(b) JUSTICE

1 Appellant’s appeal in cause number 05-24-01019-CR remains pending before this Court.

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DENZEL JOSEPH JOHNSON, On Appeal from the 366th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 366-82817- No. 05-24-01059-CR V. 2023. Opinion delivered by Justice Smith. THE STATE OF TEXAS, Appellee Justices Pedersen, III and Garcia participating.

Based on the Court’s opinion of this date, this appeal is DISMISSED for want of jurisdiction.

Judgment entered this 18th day of September, 2024.

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