Jackie Russell Keeter v. State ( 2015 )

IN THE
TENTH COURT OF APPEALS
No. 10-13-00310-CV
JACKIE RUSSELL KEETER,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 220th District Court
Hamilton County, Texas
Trial Court No. CR06978/CR06361
MEMORANDUM OPINION
Jackie Keeter, an inmate, is appealing the trial court’s August 7, 2013 “order to
withdraw funds” that notifies the Texas Department of Criminal Justice that Keeter has
been assessed court costs, fees, and a fine and instructs the Department to withdraw
funds from Keeter’s inmate account in accordance with Texas Government Code section
501.014.
Keeter filed a “motion to strike/withdraw void order to withdraw inmate funds
dated August 7, 2013 …”, but there is no ruling on that motion in the record to appeal
from or for the Court to review. See TEX. R. APP. P. 33.1(a)(2); Fox v. Maguire, 224 S.W.3d
304, 306 (Tex. App.—El Paso 2005, pet. denied); see also Brar v. Sedey, 307 S.W.3d 916, 919
(Tex. App.—Dallas 2010, no pet.). Furthermore, the trial court’s August 7, 2013 “order to
withdraw funds” is not an order, much less an appealable order; it is a notice to the Texas
Department of Criminal Justice under Government Code section 501.014(e). Ramirez v.
State, 318 S.W.3d 906, 907-08 (Tex. App.—Waco 2010, no pet.); see Jones v. State, No. 10-10-
00006-CV, 2011 WL 5221243 (Tex. App.—Waco Oct. 26, 2011, no pet.) (mem. op.); see also
Harrell v. State, 286 S.W.3d 315, 316 n.1 (Tex. 2009).
The Clerk of the Court notified Keeter that, unless he showed grounds for
continuing this appeal, it was subject to dismissal for want of jurisdiction because there
is no appealable order. Keeter has not done so.
We dismiss this appeal for want of jurisdiction.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Dismissed
Opinion delivered and filed July 30, 2015
[CV06]
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