Wesley Eugene Perkins v. State ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00356-CR
NO. 03-19-00357-CR
Wesley Eugene Perkins, Appellant
v.
The State of Texas, Appellee
FROM COUNTY COURT AT LAW NO. 2 OF BELL COUNTY
NOS. 3C17-01209 & 2C17-2820,
THE HONORABLE JOHN MICHAEL MISCHTIAN, JUDGE PRESIDING
MEMORANDUM OPINION
Wesley Eugene Perkins, acting pro se, filed his notice of appeal in the above
causes from his conviction in the underlying cause. The record reflects that the State dismissed
trial court cause number 3C17-01209 to refile it as trial court cause number 2C17-2820, which
included allegations of Perkins’s prior convictions. Although Perkins’s notice of appeal
references two trial court cause numbers, there is only one judgment of conviction in the clerk’s
records for these appeals.
Accordingly, we consolidate these appeals. The record and all filings from cause
number 03-19-00357-CR are consolidated into cause number 03-19-00356-CR. The
consolidated appeal will proceed under cause number 03-19-00356-CR, and cause number 03-
19-00357-CR is dismissed. See State v. Padon, Nos. 03-16-00530-CR, 03-16-00531-CR, 03-16-
00532-CR, 2016 Tex. App. LEXIS 9686, at *1 (Tex. App.—Austin Aug. 31, 2016, no pet.)
(mem. op., not designated for publication) (following similar consolidation and dismissal
procedure). Briefing will proceed in accordance with the Texas Rules of Appellate Procedure.
__________________________________________
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Triana and Smith
03-19-00356-CR Consolidated
03-19-00357-CR Dismissed
Filed: August 27, 2019
Do Not Publish
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