Gregory McCain v. State

• Court: Court of Appeals of Texas
• Decided: February 20, 2014
• Docket: 02-13-00599-CR
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-13-00599-CR

GREGORY MCCAIN APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY

MEMORANDUM OPINION1

On December 13, 2013, Appellant Gregory McCain filed a motion for post-

conviction DNA testing and appointment of counsel and also filed a notice of

appeal. The trial court clerk has informed us that the trial judge has not signed

an order in this case. On January 3, 2014, we notified McCain that it appears we

lack jurisdiction over this matter because there is no order and his notice of

1 See Tex. R. App. P. 47.4. appeal is premature. See Tex. R. App. P. 25.2(a)(2), 26.2(a)(1), 27.1(b). We

advised that this appeal could be dismissed unless he, or any party desiring to

continue the appeal, filed a response showing grounds for continuing the appeal

on or before January 23, 2014. No response has been filed.

The rules of appellate procedure provide that a criminal defendant has the

right to appeal a judgment of guilt or other appealable order. See Tex. R. App. P.

25.2(a)(2). There is no appealable order in this case, and McCain’s notice of

appeal is premature. See Tex. R. App. P. 25.2(a)(2), 26.2(a)(1), 27.1(b).

Accordingly, the appeal is ordered dismissed for lack of jurisdiction.

PER CURIAM

PANEL: WALKER, MCCOY, and MEIER, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b)

DELIVERED: February 20, 2013