Alma Spence v. Dennis Wiley ( 2006 )


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  • In The

    Court of Appeals

    Sixth Appellate District of Texas at Texarkana


    ______________________________


    No. 06-06-00069-CV

    ______________________________



    ALMA SPENCE, Appellant

     

    V.

     

    DENNIS WILEY, Appellee



                                                  


    On Appeal from the Fifth Judicial District Court

    Cass County, Texas

    Trial Court No. 2004C0488



                                                     




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

    Memorandum Opinion by Justice Carter



    MEMORANDUM OPINION


                Alma Spence, the sole appellant in this case, has filed a motion seeking to dismiss her appeal. Pursuant to Tex. R. App. P. 42.1, her motion is granted.

                We dismiss the appeal.

     

                                                                                        Jack Carter

                                                                                        Justice


    Date Submitted:          June 26, 2006

    Date Decided:             June 27, 2006



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    In The

      Court of Appeals

                            Sixth Appellate District of Texas at Texarkana

     

                                                    ______________________________

     

                                                                 No. 06-10-00121-CR

                                                    ______________________________

     

     

                                            CORDELL MOODY, Appellant

     

                                                                    V.

     

                                         THE STATE OF TEXAS, Appellee

     

     

                                                                                                     Â

     

     

                                           On Appeal from the 276th Judicial District Court

                                                                Marion County, Texas

                                                               Trial Court No. F13527

     

                                                                                                      

     

     

     

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

                                                  Memorandum Opinion by Justice Carter


                                                          MEMORANDUM OPINION

     

                Cordell Moody has filed a notice of appeal, received by this Court on June 30, 2010.  He states that he appeals from the “finally judgment of the state district court of Jefferson, Tx. under number F13527.  order of the judgment, dismissed entered on about the 2nd day of June, 2010.” Following the notice of appeal, he has attached five more pages, which wander through complaints about a slip and fall while in solitary confinement, and his claimed need for a number of operations and medicine; a list of witnesses who can presumably show that he was unlawfully convicted; a complaint about his appointed attorney; the denial of access to a law library, and a list of witnesses who can presumably show the denial of that access; a certificate of service listing a number of individuals to whom the documents were sent; and finally, an application to proceed as a pauper.Â

                We contacted the district clerk of Marion County in an attempt to determine the viability of the notice of appeal.   There is no recent judgment in this case.  It appears that Moody was placed on community supervision in 2005 on a guilty plea and that a motion to revoke his community supervision has recently been filed and counsel has been appointed to represent Moody.  If Moody is attempting to appeal from his conviction, the time periods have long since run under which such an appeal could be brought.  See Tex. R. App. P. 26.2. 

                As of this date, no other action by a trial court from which an appeal could be brought has been taken in this case.   In the absence of any appealable order or judgment, we have no jurisdiction to entertain this appeal.

     

                We dismiss the appeal for want of jurisdiction.

     

     

                                                                                        Jack Carter

                                                                                        Justice

     

    Date Submitted:          July 7, 2010

    Date Decided:             July 8, 2010

     

    Do Not Publish          

     

Document Info

Docket Number: 06-06-00069-CV

Filed Date: 6/27/2006

Precedential Status: Precedential

Modified Date: 10/19/2018