Robert Blakeley McLendon v. State

• Court: Court of Appeals of Texas
• Decided: May 18, 2006
• Docket: 14-05-01206-CR
• Status: Published

Opinion

Opinion filed January 5, 2006, Withdrawn; Dismissed and Corrected Memorandum Opinion filed May 18, 2006

Opinion filed January 5, 2006, Withdrawn; Dismissed and Corrected Memorandum Opinion filed May 18, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-01206-CR

ROBERT BLAKELEY MCLENDON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Court at Law No. 11

Harris County, Texas

Trial Court Cause No. 8904091

C O R R E C T E D    O P I N I O N

Our opinion of January 5, 2006, is withdrawn; and the following corrected opinion is issued in its place. 

This is an attempted appeal from a motion to set aside a judgment appellant claims is void.  The record before this court does not contain an appealable order.  A defendant may appeal only from a final judgment or other appealable order.  See Tex. R. App. P. 25.2(b), 26.2(a).  See also Henderson v. State, 153 S.W.3d 735-36 (Tex. App.CDallas 2005, no pet.); and  Fry v. State, 112 S.W.3d 611, 613-14  (Tex. App.CFort Worth 2003, pet. ref=d).

On December 12, 2005, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of jurisdiction.  Appellant=s response fails to demonstrate that this Court has jurisdiction to entertain the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Corrected Memorandum Opinion filed May 18, 2006.

Panel consists of Justices Fowler, Edelman, and Guzman.

Do Not Publish C Tex. R. App. P. 47.2(b).