Donald Ray McCray v. Texas Department of Criminal Justice Institutional Division ( 2016 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-16-00444-CR
DONALD RAY MCCRAY, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 251st District Court
Potter County, Texas
Trial Court No. 70,652-C, Honorable Ana Estevez, Presiding
December 30, 2016
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Appellant, Donald Ray McCray, proceeding pro se, filed a notice of appeal from a
purported "judgment" dated November 9, 2016. The district clerk certified to this court
that no judgment or order disposing of the underlying proceeding has been executed by
the trial court. Nor does the trial court's docket sheet (which has been filed with this
court) indicate that a trial of the proceeding or oral pronouncement of sentencing has
occurred. Questioning whether we have jurisdiction over the appeal, we directed
appellant to address the matter. In response, appellant has asked for a forty-five day
extension to "file notice pursuant to the outline of Rule 38.1, of the Appellate Procedure
. . . .” Rule 38.1 of the Texas Rules of Appellate Procedure pertains to filing an
appellate brief specifying the issues for substantive review by this court. If we have no
jurisdiction over the appeal, we cannot review issues raised in such a brief. So,
appellant's need for an extension to file same is baseless.
As we stated in Kerr v. State, No. 07-13-00128-CR, 2014 Tex. App. LEXIS
12850, at *9 (Tex. App.—Amarillo Nov. 25, 2014, no pet.) (mem. op., not designated for
publication), "[w]hen no sentence is pronounced, there is no valid judgment or
conviction from which to appeal." Given the absence of either an oral pronouncement
of sentence or an appealable order, we have no jurisdiction over the appeal. Therefore,
we deny the motion to extend and dismiss the appeal for want of jurisdiction.
Per Curiam
Do not publish.
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