Jose Luis Carapia v. State

Opinion

ACCEPTED 01-15-00915-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 10/29/2015 9:50:10 AM CHRISTOPHER PRINE CLERK

1201 Franklin Street, 13th Floor Houston, Texas 77002

713.368.0016 FILED IN 713.437.4322 Fax 1st COURT OF APPEALS HOUSTON, TEXAS 10/29/2015 9:50:10 AM CHRISTOPHER A. PRINE Clerk

October 29, 2015 Mr. Chris Prine, Clerk First Court of Appeals 301 Fannin Street Houston, TX 77002

re: Jose Carapia v. State; Cause Number 01-15-00915-CR

Dear Mr. Prine:

I was appointed to represent Mr. Carapia on appeal. After a review of the docket and documents in the case, there is no order in which to appeal. The relevant dates are:

August 12, 2013 Mr. Carapia was indicted for aggravated assault June 27, 2014 Mr. Carapia was convicted by a jury and sentenced to 4 years TDC, probated for 6 years. January 6, 2015 The State filed a motion to revoke probation October 2, 2015 The State dismissed the motion to revoke probation October 9, 2015 Mr. Carapia filed a Notice of Appeal

It appears that there is no appealable order. A motion to dismiss cannot be appealed. And if Mr. Carapia is appealing the original judgment, then the notice is untimely. This appeal should be dismissed for want of jurisdiction. See Singletary v. State, 2014 WL 810838 (Tex. App. – Houston [1st Dist.] 2014, pdr ref’d).

Respectfully submitted, ALEXANDER BUNIN Chief Public Defender Harris County Texas

/s/ Jani J. Maselli Wood ______________________ JANI J. MASELLI WOOD Assistant Public Defender Harris County Texas 1201 Franklin, 13th Floor Houston Texas 77002 Jani.Maselli@pdo.hctx.net (713) 368-0016 (713) 437-4322 (fax) TBA No. 00791195

Certificate of Service

Pursuant to Tex. R. App. Proc. 9.5, this certifies that on October 29, 2015, a copy of the foregoing was served electronically to counsel for the state (through texfile.com) at the following address:

Alan Curry Harris County District Attorney’s Office 1201 Franklin Street, 6th Floor Houston, TX 77002 curry_alan@dao.hctx.net

A copy was hand-delivered to the Honorable Judge Jan Krocker.

/s/ Jani Maselli Wood ______________________________ JANI J. MASELLI WOOD