Jack E. Whitney v. The State of Texas--Appeal from 147th District Court of Travis County (Per Curiam)

State: Texas

Court: Texas Northern District Court

Docket No: 07-11-00147-CR

Case Date: 10/25/2011

Plaintiff: Jack E. Whitney

Defendant: The State of Texas--Appeal from 147th District Court of Travis County (Per Curiam)

Preview:NO. 07-11-0147-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E OCTOBER 25, 2011

JACK E. WHITNEY, Appellant v. THE STATE OF TEXAS, Appellee ___________________________ FROM THE 147TH DISTRICT COURT OF TRAVIS COUNTY; NO. 96256-A; HONORABLE CLIFFORD BROWN, PRESIDING

Memorandum Opinion on Motion for Rehearing Before QUINN, C.J., CAMPBELL, J., and BOYD, S.J.1 Pending before the court is the State's motion for rehearing. We grant the

motion, withdraw our opinion, and dismiss the appeal for want of jurisdiction. Appellant Jack E. Whitney seeks to appeal the trial court's finding that he has failed to present sufficient evidence in order for a writ to be granted. The State contends this court is without jurisdiction. This is so, according to the State, because art. 11.07 of the Texas Code of Criminal Procedure implicates the jurisdiction of only the convicting court and
1

John T. Boyd, Senior Justice retired, sitting by assignment.

the Court of Criminal Appeals. It allegedly provides no role for the court of appeals. We dismiss for want of jurisdiction. Save for a few situations which are inapplicable here, an appellate court has jurisdiction only over final judgments and orders. Palomo v. State, 330 S.W.3d 920 (Tex. App.

Download 07-11-00147-cr-8.pdf