Michael Kennedy v. State

• Court: Court of Appeals of Texas
• Decided: April 18, 2007
• Docket: 12-07-00052-CR
• Status: Published

Opinion

                                                        NO. 12-07-00052-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICHAEL KENNEDY,        §          APPEAL FROM THE THIRD

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant Michael Kennedy was indicted for forgery and his bond was set at $20,000.  Appellant filed a motion requesting reasonable bail, and the trial court reduced Appellant’s bond to $4,000.  Appellant filed a notice of appeal complaining that the trial court did not reduce the bond to $1000.  In his notice of appeal, Appellant referred to trial court cause number 28,831, and we included that cause number in our docketing information.

            Our review of information provided later by the district clerk’s office revealed that Appellant’s motion for reasonable bail was docketed as a separate civil proceeding in the trial court (cause number 3-40455) rather than as a part of the pending forgery case (cause number 28,831).  Therefore, Appellant referenced the wrong trial court number in his notice of appeal.  Moreover, the trial court did not sign a final order memorializing its reduction of Appellant’s bond to $4,000.  Consequently, Appellant attempts to appeal an order that does not exist by referring to a trial court cause number that does not pertain to the trial court action he complains of.

            On March 7, 2007, this court notified Appellant, pursuant to Texas Rule of Appellate Procedure 37.1, that the information received in this appeal does not contain a final judgment or other appealable order.  Appellant was further informed that the appeal would be dismissed if the information received in the appeal was not amended on or before April 6, 2007 to show the jurisdiction of this court.  The deadline for amendment has passed, and Appellant has neither responded to the March 7, 2007 notice or otherwise shown the jurisdiction of this court.¹  Accordingly, the appeal is dismissed for want of jurisdiction.  See Tex. R. App. P.37.2, 42.3.

Opinion delivered April 18, 2007.

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

(DO NOT PUBLISH)

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¹ On April 13, 2007, we received the clerk’s record in this appeal, which confirms that trial court cause number 28,831 pertains only to the pending criminal proceeding.