Shannon Mark Douthit v. the State of Texas

Tex. App. Ct., 8th Dist. (El Paso)

Shannon Mark Douthit v. the State of Texas

Texas Court of Appeals, 8th District (El Paso)·Decided March 16, 2026·No. 08-26-00067-CR·Published

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

jurisdiction over the appeal. However, Appellant’s response does not demonstrate that the order denying his motion for new trial is an appealable order or otherwise establish this Court’s jurisdiction over the appeal.

Because the order denying Appellant’s motion for new trial is not an appealable order and Appellant has not shown that this Court has jurisdiction, the appeal is dismissed for want of jurisdiction. See Billiot v. State, No. 02-11-00298-CR, 2011 WL 4469232, at *1 (Tex. App.— Fort Worth Aug. 30, 2011, pet. ref’d) (mem. op., not designated for publication) (remarking that no “Texas statute authorizes a direct appeal from the denial of a motion for new trial independently of the direct appeal from an underlying conviction.”) (citing Tex. Code Crim. Proc. Ann. art. 44.02)); see also Nguyen v. State, No. 14-11-00545-CR, 2011 WL 2650737, at *1 (Tex. App.— Houston [14th Dist.] July 7, 2011, no pet.) (mem. op., not designated for publication) (appealing from a denial of motion for new trial, separate and apart from appeal from conviction, is improper); Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008) (determining jurisdiction is based on whether the appeal is authorized by law). All pending motions are denied as moot.

MARIA SALAS MENDOZA, Chief Justice March 16, 2026 Before Salas Mendoza, C.J., Palafox, and Soto, JJ. (Do Not Publish)

Footnotes

No. 08-26-00067-CR ———————————— Shannon Mark Douthit, Appellant v. The State of Texas, Appellee On Appeal from the 394th District Court Presidio County, Texas Trial Court No. 2076 M E MO RA N D UM O PI NI O N Self-represented Appellant Shannon Mark Douthit filed a Notice of Appeal stating that he seeks to appeal the trial court’s order denying his motion for new trial based on newly discovered evidence. This Court notified Appellant that the Notice of Appeal appears to have been taken from a non-appealable order or final judgment and that the Court may lack jurisdiction. See Tex. Code Crim. Proc. Ann art. 44.02. The Court further notified the Appellant that the appeal would be dismissed for want of jurisdiction unless he filed a response demonstrating that the Court has

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COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

jurisdiction over the appeal. However, Appellant’s response does not demonstrate that the order denying his motion for new trial is an appealable order or otherwise establish this Court’s jurisdiction over the appeal.

Because the order denying Appellant’s motion for new trial is not an appealable order and Appellant has not shown that this Court has jurisdiction, the appeal is dismissed for want of jurisdiction. See Billiot v. State, No. 02-11-00298-CR, 2011 WL 4469232, at *1 (Tex. App.— Fort Worth Aug. 30, 2011, pet. ref’d) (mem. op., not designated for publication) (remarking that no “Texas statute authorizes a direct appeal from the denial of a motion for new trial independently of the direct appeal from an underlying conviction.”) (citing Tex. Code Crim. Proc. Ann. art. 44.02)); see also Nguyen v. State, No. 14-11-00545-CR, 2011 WL 2650737, at *1 (Tex. App.— Houston [14th Dist.] July 7, 2011, no pet.) (mem. op., not designated for publication) (appealing from a denial of motion for new trial, separate and apart from appeal from conviction, is improper); Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008) (determining jurisdiction is based on whether the appeal is authorized by law). All pending motions are denied as moot.

MARIA SALAS MENDOZA, Chief Justice March 16, 2026 Before Salas Mendoza, C.J., Palafox, and Soto, JJ. (Do Not Publish)

Footnotes

No. 08-26-00067-CR ———————————— Shannon Mark Douthit, Appellant v. The State of Texas, Appellee On Appeal from the 394th District Court Presidio County, Texas Trial Court No. 2076 M E MO RA N D UM O PI NI O N Self-represented Appellant Shannon Mark Douthit filed a Notice of Appeal stating that he seeks to appeal the trial court’s order denying his motion for new trial based on newly discovered evidence. This Court notified Appellant that the Notice of Appeal appears to have been taken from a non-appealable order or final judgment and that the Court may lack jurisdiction. See Tex. Code Crim. Proc. Ann art. 44.02. The Court further notified the Appellant that the appeal would be dismissed for want of jurisdiction unless he filed a response demonstrating that the Court has

Shannon Mark Douthit v. the State of Texas, (Tex. Ct. App. 2026).

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