Jeffery Len Jackson v. State

• Court: Court of Appeals of Texas
• Decided: February 8, 2008
• Docket: 12-07-00385-CR
• Status: Published

Opinion

                NO. 12-07-00385-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JEFFERY LEN JACKSON,            §          APPEAL FROM THE 123RD

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          SHELBY COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant filed a motion for DNA testing, which the trial court denied.  Appellant seeks to appeal the trial court’s order.  The clerk’s record includes the trial court’s certification showing that Appellant waived his right to appeal the order denying his motion for DNA testing.  See Tex. R. App. P. 25.2(d).  The clerk’s record does not include any documents that show otherwise.  See Greenwell v. Thirteenth Court of Appeals, 159 S.W.3d 645, 649 (Tex. Crim. App. 2005); Dears v. State, 154 S.W.3d 610, 614-15 (Tex. Crim. App. 2005). 

            On January 25, 2008, this court notified Appellant that the clerk’s record received in this appeal does not show the jurisdiction of this court in that it shows Appellant waived his right to appeal.  Appellant was further notified that the appeal would be dismissed unless on or before February 11, 2008 Appellant established the jurisdiction of this court.  On February 7, 2008, Appellant responded to this court’s notice by filing an amended notice of appeal.  However, he did not address the court’s question about its jurisdiction.  Accordingly, the appeal is dismissed for want of jurisdiction.

Opinion delivered February 8, 2008.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)