Robert Cutler v. State

Court of Appeals of Texas·Decided November 18, 2010·No. 02-10-00384-CR·Published

Opinion

02-10-384-CR

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-10-00384-CR

Robert Cutler

APPELLANT

V.

The State of Texas

STATE

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FROM THE 367th District Court OF Denton COUNTY

MEMORANDUM OPINION[1]

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          Appellant Robert Cutler filed a notice of appeal in which he “moves this honorable court to set a time and date to hear petitioner’s motion.”  Cutler’s file shows that he filed a “Motion For Bond Hearing” in the trial court on the same day that he filed the notice of appeal.  On September 20, 2010, we notified Cutler of our concern that we lacked jurisdiction over this appeal because the trial court has not entered any appealable orders and informed him that we would dismiss the appeal for want of jurisdiction unless he or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal.  We have not received a response.  Because we generally have jurisdiction to consider an appeal in a criminal case only when there has been a judgment of conviction, and because the trial court has not entered an appealable order, we dismiss the appeal for want of jurisdiction.  See McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.).

PER CURIAM

PANEL:  MEIER, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  November 18, 2010



[1]See Tex. R. App. P. 47.4.

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Related

McKown v. State
915 S.W.2d 160 (Court of Appeals of Texas, 1996)