Jeremy Michael Norton v. State ( 2003 )

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

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No. 06-03-00006-CR ______________________________



JEREMY MICHAEL NORTON, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 124th Judicial District Court Gregg County, Texas Trial Court No. 28435-B

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Before Morriss, C.J., Ross and Carter, JJ. Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Jeremy Michael Norton has filed a motion asking to withdraw his notice of appeal and dismiss the appeal. Pursuant to Tex. R. App. P. 42.2, his motion is granted.

The appeal is dismissed.

Donald R. Ross

Justice

Date Submitted: August 4, 2003

Date Decided: August 5, 2003

Do Not Publish

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                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-09-00241-CR

                                                ______________________________

                         QUINCY WELLINGTON JACKSON, Appellant

                                                                V.

                                     THE STATE OF TEXAS, Appellee

                                       On Appeal from the 188th Judicial District Court

                                                             Gregg County, Texas

                                                          Trial Court No. 37052-A

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                        Memorandum Opinion by Chief Justice Morriss

                                                      MEMORANDUM OPINION

            Quincy Wellington Jackson filed a notice of appeal December 16, 2009, “on errors raised by written motion and ruled on before trial and on errors arising during and subsequent to trial.”  After a thorough review of the clerk’s record, we found no appealable order in the record.^[1]

            A timely notice of appeal from a conviction or an appealable order is necessary to invoke this Court’s jurisdiction.  Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).  This Court has jurisdiction over criminal appeals only when expressly granted by law.  Everett v. State, 91 S.W.3d 386 (Tex. App.—Waco 2002, no pet.).

            After our receipt of the clerk’s record March 29, we notified counsel by letter March 30 of the possible jurisdictional defect and requested that counsel, within ten days of the date of the letter, show this Court how it had jurisdiction.  Counsel filed a motion requesting that this appeal be abated to the trial court “for entry of an order correcting the record to show that hearings [in a companion case] were also hearings in the other case.”   

            That motion is overruled.  There being no appealable order in the record, we dismiss this appeal for want of jurisdiction.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          April 15, 2010

Date Decided:             April 16, 2010

Do Not Publish          

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^[1]We note that the same competency hearing was involved both in this case and the companion, but while the other case proceeded to judgment, there is nothing to reflect that this prosecution did likewise.