Joseph K. Dingler v. State of Texas ( 2023 )

DISMISS and Opinion Filed January 26, 2023
S In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01254-CR
No. 05-22-01255-CR
No. 05-22-01256-CR
No. 05-22-01257-CR
JOSEPH K. DINGLER, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 2
Rockwall County, Texas
Trial Court Cause Nos. CR19-1769, CR 19-1770, CR19-1771, CR 19-1772
MEMORANDUM OPINION
Before Justices Carlyle, Goldstein, and Kennedy
Opinion by Justice Carlyle
Joseph K. Dingler filed a pro se notice of appeal in these cases. The notice of
appeal did not identify any judgments or other appealable orders. It appears from the
notice of appeal that appellant is complaining about the trial court’s refusal to remove
his appointed attorney and appoint him other counsel and complaining of ineffective
assistance of counsel. The Rockwall County Clerk filed a letter with this Court
stating, “there is not a judgment in any of the cases identified above due to his not
appearing for the Pre-Trial or the Jury Trial.” The court reporter filed a letter stating,
“These cases were set for jury trial on August 23, 2022, and the defendant failed to
appear.” We sent appellant a letter stating we questioned our jurisdiction as there did
not appear to be a final judgment or other appealable order in these case. We asked
appellant to file a response identifying any judgment or other appealable order in
these cases. Appellant filed a response, which discussed many issues, but it did not
identify any judgments or other appealable orders in the cases. Much of appellant’s
response concerned the lack of rulings by the trial court.
We have no jurisdiction to entertain an appeal unless the trial court has entered
a judgment or appealable order. See TEX. R. APP. P. 25.2(b), 26.2(a)(1); State v.
Sanavongxay, 407 S.W.3d 252, 259 (Tex. Crim. App. 2012); Henderson v. State, 153
S.W.3d 735, 735–36 (Tex. App.—Dallas 2005, no pet.). Because appellant has not
identified any judgment or other appealable order before this Court, we conclude we
lack jurisdiction over these appeals. Accordingly, we dismiss these appeals for lack
of jurisdiction.
/Cory L. Carlyle
CORY L. CARLYLE
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b).
221254F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSEPH K. DINGLER, Appellant On Appeal from the County Court at
Law No. 2, Rockwall County, Texas
No. 05-22-01254-CR V. Trial Court Cause No. CR19-1769.
Opinion delivered by Justice Carlyle.
STATE OF TEXAS, Appellee Justices Goldstein and Kennedy
participating.
Based on the Court’s opinion of this date, this appeal is DISMISSED for
want of jurisdiction.
Judgment entered January 26, 2023
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSEPH K. DINGLER, Appellant On Appeal from the County Court at
Law No. 2, Rockwall County, Texas
No. 05-22-01255-CR V. Trial Court Cause No. CR19-1770.
Opinion delivered by Justice Carlyle.
STATE OF TEXAS, Appellee Justices Goldstein and Kennedy
participating.
Based on the Court’s opinion of this date, this appeal is DISMISSED for
want of jurisdiction.
Judgment entered January 26, 2023
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSEPH K. DINGLER, Appellant On Appeal from the County Court at
Law No. 2, Rockwall County, Texas
No. 05-22-01256-CR V. Trial Court Cause No. CR19-1771.
Opinion delivered by Justice Carlyle.
STATE OF TEXAS, Appellee Justices Goldstein and Kennedy
participating.
Based on the Court’s opinion of this date, this appeal is DISMISSED for
want of jurisdiction.
Judgment entered January 26, 2023
–5–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSEPH K. DINGLER, Appellant On Appeal from the County Court at
Law No. 2, Rockwall County, Texas
No. 05-22-01257-CR V. Trial Court Cause No. CR19-1772.
Opinion delivered by Justice Carlyle.
STATE OF TEXAS, Appellee Justices Goldstein and Kennedy
participating.
Based on the Court’s opinion of this date, this appeal is DISMISSED for
want of jurisdiction.
Judgment entered January 26, 2023
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