Watson, Melvin Jerome v. State

• Court: Court of Appeals of Texas
• Decided: March 18, 2004
• Docket: 14-04-00142-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 18, 2004

Dismissed and Memorandum Opinion filed March 18, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00142-CR

MELVIN JEROME WATSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 968,179

M E M O R A N D U M   O P I N I O N

On January 12, 2004, the trial court signed an order dismissing this case because appellant was convicted in another case, trial court cause number 967,701.  On February 5, 2004, appellant filed a pro se notice of appeal in this case, trial court cause number, 968,179. A defendant in a criminal action has the right to appeal a judgment of conviction or other appealable order.  See generally Tex. R. App. P. 25.2.  Because this cause was dismissed below, we must also dismiss this appeal.  The Code of Criminal Procedure grants to the State, not the defendant, the right to appeal the dismissal of an indictment or complaint. See Tex. Code Crim. Proc. Ann. art. 44.01(d) (Vernon Supp.2004).

The records of this court do not show that an appeal from appellant=s conviction in cause number 967,701 has been filed.  Appellant=s notice of appeal filed in this case is ineffective to appeal cause number 967,701, however.  See Steinecke v. State, 81 S.W.3d 467, 467 (Tex. App.CHouston [1st Dist.] 2002, no pet.) (notice of appeal filed in wrong cause number does not confer appellate jurisdiction).

Accordingly, this appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 18, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.

Do Not Publish C Tex.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