William Arnett v. the State of Texas ( 2024 )


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  • Opinion filed May 9, 2024
    In The
    Eleventh Court of Appeals
    ___________
    No. 11-24-00074-CR
    ___________
    WILLIAM ARNETT, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 244th District Court
    Ector County, Texas
    Trial Court Cause No. C-23-0621-CR
    MEMORANDUM OPINION
    Appellant, William Arnett, has filed a pro se notice of appeal that relates to
    his pending criminal case in trial court cause no. C-23-0621-CR. In the notice of
    appeal, Appellant requests that we “assume Jurisdiction in efforts to forward this
    case to Resolution.” We dismiss the appeal.
    Appellant’s notice of appeal appears to relate to purported applications for
    writ of habeas corpus that he states he filed in the trial court. However, when this
    appeal was docketed, the district clerk’s office informed this court that there is no
    record of any trial court order denying a pro se application for writ of habeas corpus
    in the cause below.1 As a result, the clerk of this court wrote Appellant and informed
    him that it did not appear that the trial court had entered an appealable order. We
    requested Appellant’s counsel2 to respond and show grounds to continue this appeal.
    Appellant, pro se, requested a “continuance” but has not shown grounds upon which
    this appeal may continue.
    An appellate court has jurisdiction to consider an appeal filed by a criminal
    defendant from a final judgment of conviction or as otherwise authorized by law.
    Ragston v. State, 
    424 S.W.3d 49
    , 51–52 (Tex. Crim. App. 2014); Abbott v. State,
    
    271 S.W.3d 694
    , 696–97 (Tex. Crim. App. 2008). At the time that Appellant filed
    his notice of appeal, the trial court had not ruled on any pending writ of habeas
    corpus application. Because the trial court has not entered an appealable order in
    the underlying proceeding, we have no jurisdiction to entertain this appeal.
    Accordingly, we dismiss the appeal for want of jurisdiction.
    W. BRUCE WILLIAMS
    JUSTICE
    May 9, 2024
    Do not publish. See TEX. R. APP. P. 47.2(b).
    Panel consists of: Bailey, C.J.,
    Trotter, J., and Williams, J.
    1
    The district clerk’s office informed this court that Appellant has not filed an application for writ
    of habeas corpus but has written letters to the trial court. According to the clerk’s office, Appellant’s pro
    se correspondence has been sent to the trial court.
    2
    We note that Appellant is represented by a court-appointed attorney in the proceedings below.
    2
    

Document Info

Docket Number: 11-24-00074-CR

Filed Date: 5/9/2024

Precedential Status: Precedential

Modified Date: 5/11/2024