Donald Ray McCray v. Texas Department of Criminal Justice Institutional Division

• Court: Court of Appeals of Texas
• Decided: July 27, 2018
• Docket: 07-18-00257-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-18-00257-CR

DONALD RAY MCCRAY, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 251st District Court Potter County, Texas Trial Court No. 70,652-C, Honorable Ana Estevez, Presiding

July 27, 2018

MEMORANDUM OPINION Before QUINN, C.J., and PIRTLE and PARKER, JJ.

Appellant Donald Ray McCray, proceeding pro se, filed a notice of appeal from a

purported judgment.1 However, no pronouncement of sentence or appealable order has

been entered by the trial court. Questioning whether we have jurisdiction over the appeal,

we directed appellant to address the matter. In response, appellant has requested a 45-

day extension to “file notice pursuant to the outline of Rule 38.1 of the Appellate

1Appellant has previously filed five notices of appeal in this criminal case: cause numbers 07-16- 00020-CR, 07-16-00444-CR, 07-17-00058-CR, 07-17-00258-CR, and 07-18-00011-CR. We dismissed the appeals for want of jurisdiction. Procedure.” Rule 38.1 of the Texas Rules of Appellate Procedure pertains to the filing of

an appellate brief, specifying the issues for substantive review by this court. If we have

no jurisdiction over the appeal, we cannot review issues raised in such a brief. Because

appellant’s need for an extension is baseless, we deny his request.

As we stated in Kerr v. State, No. 07-13-00128-CR, 2014 Tex. App. LEXIS 12850,

at *9 (Tex. App.—Amarillo Nov. 25, 2014, no pet.) (mem. op., not designated for

publication), “[w]hen no sentence is pronounced, there is no valid judgment or conviction

from which to appeal.” Given the absence of either an oral pronouncement of sentence

or an appealable order, we have no jurisdiction over the appeal. Therefore, we dismiss

the appeal for want of jurisdiction.

Per Curiam

Do not publish.