JorCorey D. McGee v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 11, 2024
• Docket: 10-24-00155-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-24-00155-CR

JORCOREY D. MCGEE, Appellant v.

THE STATE OF TEXAS, Appellee

From the 361st District Court Brazos County, Texas Trial Court No. 23-02244-CRM-361

MEMORANDUM OPINION

Appellant JorCorey McGee, acting pro se, appeals from the trial court’s judgment

nisi pertaining to the forfeiture of his bail bond.

Article 44.42 of the Code of Criminal Procedure provides: “An appeal may be

taken by the defendant from every final judgment rendered upon a personal bond, bail

bond or bond taken for the prevention or suppression of offenses, where such judgment

is for twenty dollars or more, exclusive of costs, but not otherwise.” TEX. CODE CRIM.

PROC. ANN. art. 44.42 (emphasis added). A judgment nisi is a judicial declaration of forfeiture; it is an interlocutory judgment, not a final judgment. Hokr v. State, 545 S.W.2d

463, 465 (Tex. Crim. App. 1977).

In a letter dated June 6, 2024, the Clerk of the Court notified McGee that this appeal

was subject to being dismissed for lack of jurisdiction because it did not appear to be an

appeal from a final judgment. The Clerk of the Court further notified McGee that unless

he showed grounds for continuing this appeal within fourteen days of the date of the

letter, the appeal would be dismissed for lack of jurisdiction. McGee has not filed a

response showing grounds for continuing this appeal.

For these reasons, this appeal is dismissed for lack of jurisdiction.

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed July 11, 2024 Do not publish [CR25]

McGee v. State Page 2