Ricky Lynn Zedlitz v. State

• Court: Court of Appeals of Texas
• Decided: September 26, 2007
• Docket: 12-07-00311-CR
• Status: Published

Opinion

                NO. 12-07-00311-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

RICKY LYNN ZEDLITZ,     §          APPEAL FROM THE 7TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

            Appellant Ricky Lynn Zedlitz attempts to appeal from a judgment on a plea in bar, that is, from his admission of an unadjudicated offense under penal code section 12.45.  See Tex. Penal Code Ann. § 12.45 (Vernon 2003).  Before a defendant can appeal in a criminal case, there must be a judgment of conviction.  Hilburn v. State, 946 S.W.2d 885, 886 (Tex. App.–Fort Worth 1997, no pet.) (citing Workman v. State, 170 Tex. Crim. 621, 622, 343 S.W.2d 446, 447 (Tex. Crim. App.1961)).  A judgment on a plea in bar is not a judgment of conviction, but rather a judgment that bars prosecution for the offense admitted by the defendant under section 12.45.  Hilburn, 946 S.W.2d at 886.  Therefore, we lack jurisdiction over an appeal from a judgment on a plea in bar.  Id.

            On August 23, 2007, we notified Appellant that the information received in this appeal did not include a final judgment or other appealable order.  We further notified Appellant that the appeal would be dismissed unless the information was amended on or before September 24, 2007 to show the jurisdiction of this court.  That deadline has passed, and Appellant has neither shown the jurisdiction of this court nor otherwise responded to its August 23, 2007 notice.  Accordingly, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a).

                                                                                                     JAMES T. WORTHEN   

                                                                                                                 Chief Justice

Opinion delivered September 26, 2007.

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

(DO NOT PUBLISH)