Ex Parte Joseph P. DAngelo ( 2009 )


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  •                           COURT OF APPEALS
    SECOND DISTRICT OF TEXAS
    FORT WORTH
    NO. 2-09-269-CR
    EX PARTE
    JOSEPH P. DANGELO
    ------------
    FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
    ------------
    MEMORANDUM OPINION 1
    ------------
    Joseph P. DAngelo is attempting to appeal from “the order denying relief
    of his writ of habeas corpus filed on July 16, 2009.” The State has filed a
    motion to dismiss the appeal because there is no written order denying the
    relief requested in that application. 2
    1
     See Tex. R. App. P. 47.4.
    2
     Appellant has filed three other applications for writ of habeas corpus
    in the same underlying proceeding: one on March 27, 2009, which the trial
    court denied by written order, and two on July 15, 2009, both of which the
    trial court denied in writing. Those applications are the subject of two other
    pending appeals, numbers 2-09-266-CR and 2-09-268-CR.
    The appellate record contains no written ruling on the application for writ
    of habeas corpus that was filed on July 16, 2009. Accordingly, we grant the
    State’s motion and dismiss this appeal for want of jurisdiction. See Tex. R.
    App. P. 42.3(a), 43.2(f); Ex parte Wiley, 
    949 S.W.2d 3
    , 4 (Tex. App.—Fort
    Worth 1996, no pet.); see also Tex. Code Crim. Proc. Ann. art. 11.072, §§ 6,
    8 (Vernon 2005); Tex. R. App. P. 31.1.
    PER CURIAM
    PANEL: LIVINGSTON, WALKER, and MCCOY, JJ.
    DO NOT PUBLISH
    Tex. R. App. P. 47.2(b)
    DELIVERED: December 10, 2009
    2
    

Document Info

Docket Number: 02-09-00269-CR

Filed Date: 12/10/2009

Precedential Status: Precedential

Modified Date: 9/4/2015