Terry Clark Shelton v. State

Opinion

DISMISS; Opinion issued May 8, 2013

S In The Court of Appeals Fifth District of Texas at Dallas

No. 05-13-00507-CR

TERRY CLARK SHELTON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F09-20518-U

MEMORANDUM OPINION Before Justices Moseley, Bridges, and Lang-Miers Opinion by Justice Bridges Terry Clark Shelton was convicted of aggravated robbery. Punishment, enhanced by two

prior felony convictions, was assessed at fifty years’ imprisonment, and was imposed in open

court on November 5, 2010. On February 20, 2013, appellant filed a motion in the trial court

seeking a free copy of the record for his case. It does not appear the trial court ruled on

appellant’s motion, but appellant filed a notice of appeal on March 29, 2012.

Absent a judgment of conviction or appealable order, the Court has no jurisdiction over

an appeal. See Nikrasch v. State, 698 S.W.2d 443, 450 (Tex. App.––Dallas ). Moreover, an

order denying appellant a copy of the record is not an appealable order. See Wright v. State, 969

S.W.2d 588, 589–90 (Tex. App.––Dallas 1998, no pet.). We dismiss the appeal for want of jurisdiction.

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

Do Not Publish TEX. R. APP. P. 47 130507F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

TERRY CLARK SHELTON, Appellant On Appeal from the 291st Judicial District Court, Dallas County, Texas No. 05-13-00507-CR V. Trial Court Cause No. F09-20518-U. Opinion delivered by Justice Bridges, THE STATE OF TEXAS, Appellee Justices Moseley and Lang-Miers participating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered May 8, 2013.

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