Verba Felicia Peterson v. State ( 2017 )


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  •                        COURT OF APPEALS
    SECOND DISTRICT OF TEXAS
    FORT WORTH
    NO. 02-17-00066-CR
    VERBA FELICIA PETERSON                                           APPELLANT
    V.
    THE STATE OF TEXAS                                                     STATE
    ----------
    FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY
    TRIAL COURT NO. 1452670R
    ----------
    MEMORANDUM OPINION1
    ----------
    On February 17, 2017, appellant Verba Felicia Peterson filed a notice of
    appeal from her conviction for falsely holding herself out as a lawyer in case
    number 1452670R, which had been entered that same day. See Tex. Penal
    Code Ann. § 38.122 (West 2016).      On March 3, 2017, the State moved to
    dismiss case number 1452670R because “[t]he case has been re-filed or re-
    1
    See Tex. R. App. P. 47.4.
    indicted as Cause No. 1460794.”2 See Tex. Code Crim. Proc. Ann. art. 32.02
    (West 2006).    That same day, the trial court vacated its February 17, 2017
    judgment. We notified the parties that we questioned our jurisdiction over this
    appeal because there was no final judgment of conviction or other order subject
    to appeal and gave the parties an opportunity to show grounds for continuing the
    appeal. See Tex. R. App. P. 44.3. No party responded to our notice. Because
    there is no final judgment of conviction or other order subject to appeal regarding
    case number 1452670R, we dismiss the appeal for want of jurisdiction. See Tex.
    R. App. P. 43.2(f); Sontiago Morales v. State, No. 2-04-550-CR, 
    2005 WL 375495
    , at *1 (Tex. App.—Fort Worth Feb. 17, 2004, no pet.) (mem. op., not
    designated for publication); Hilburn v. State, 
    946 S.W.2d 885
    , 886 (Tex. App.—
    Fort Worth 1997, no pet.).
    /s/ Lee Gabriel
    LEE GABRIEL
    JUSTICE
    PANEL: GABRIEL, SUDDERTH, and KERR, JJ.
    DO NOT PUBLISH
    Tex. R. App. P. 47.2(b)
    DELIVERED: April 20, 2017
    2
    This case number resulted in a conviction for the same offense, which is
    the subject of a separate appeal. Peterson v. State, No. 02-17-00065-CR.
    2
    

Document Info

Docket Number: 02-17-00066-CR

Filed Date: 4/20/2017

Precedential Status: Precedential

Modified Date: 4/24/2017