Joan E. Givens, Shannon Kraus, and Gregory D. Givens, Individually and as Independent Executor of the Estate of William L. Givens, J. Harold Sewell and Alamo Title Company v. Elvis Ward and Dianna War

State: Texas

Court: Texas Northern District Court

Docket No: 10-07-00320-CV

Case Date: 10/08/2008

Plaintiff: Charles William Robertson

Defendant: State of Texas--Appeal from 70th District Court of Ector County

Preview:John Bradley Dainwood v. The State of Texas--Appeal from 252nd District Court of Jefferson County
In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-07-424 CR ____________________ JOHN BRADLEY DAINWOOD, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 36723 MEMORANDUM OPINION On September 6, 2007, we notified the parties that our jurisdiction was not apparent from the notice of appeal, and that we would dismiss the appeal for want of jurisdiction unless we received a response showing grounds for continuing the appeal. The appellant did not file a response. The notice of appeal seeks to appeal the trial court's order denying appellant's motion to withdraw his plea. In his notice of appeal, appellant states his trial occurred in 1979, and he filed his motion to withdraw his plea in July of 2007. Appellant never perfected a timely appeal of the judgment of conviction. The trial court's order denying appellant's motion to withdraw his plea is not separately appealable. See generally Tex. Code Crim. Proc. Ann. art. 44.02 (Vernon 2006) (A defendant may appeal as provided under the rules.); Workman v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961) (An appellate court generally only has jurisdiction to consider an appeal by a criminal defendant from a final judgment of conviction.). Accordingly, we hold the order from which appellant appeals is not appealable. We dismiss the appeal for want of jurisdiction. APPEAL DISMISSED FOR LACK OF JURISDICTION.

__________________________________ CHARLES KREGER Justice

Opinion Delivered October 10, 2007 Do not publish

Before McKeithen, C.J., Gaultney and Kreger, JJ.

file:///C|/Users/Peter/Desktop/opinions/PDFs1/9187.html[8/20/2013 7:31:09 PM]

Download 9187.pdf