Ex Parte Douglas Ray Evans v. the State of Texas
This text of Ex Parte Douglas Ray Evans v. the State of Texas (Ex Parte Douglas Ray Evans v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE TENTH COURT OF APPEALS
No. 10-23-00375-CR
EX PARTE DOUGLAS RAY EVANS
From the 19th District Court McLennan County, Texas Trial Court No. 2017-1876-C1
MEMORANDUM OPINION
A document, specifically addressed to this Court and entitled, “Rebuttal of State
Finding of Fact and Conclusions of Law,” was received from Douglas Ray Evans on
November 20, 2023. This document was interpreted and filed by this Court on November
21, 2023, as a notice of appeal.
By letter dated November 28, 2023, the Clerk of this Court notified Evans that his
appeal was subject to dismissal because there was no final, appealable judgment or order
from which to appeal. See TEX. R. APP. P. 26.2(a). Specifically, the Clerk informed Evans
that findings of fact and conclusions of law were not separately appealable. In the same
letter, the Clerk warned Evans that the appeal would be dismissed unless, within 21 days
from the date of the letter, Evans responded and explained what he attempted to appeal and how the Court had jurisdiction of the appeal. Evans timely responded and informed
the Court that the document was intended to be sent to the 19th District Court in
McLennan County, Texas, not this Court.
Accordingly, based on Evans’ representation, we dismiss this appeal and return
the original document to Evans. The Court has maintained a copy of the document in
Court’s TAMES filing system under this appellate case number.
TOM GRAY Chief Justice
Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed January 4, 2024 Do not publish [OT06]
Ex parte Evans Page 2
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