Robert Cutler v. State

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-10-00384-CR
ROBERT CUTLER APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 367TH DISTRICT COURT OF DENTON COUNTY
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MEMORANDUM OPINION1
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Appellant Robert Cutler filed a notice of appeal in which he “moves this
honorable court to set a time and date to hear petitioner’s motion.” Cutler’s file
shows that he filed a “Motion For Bond Hearing” in the trial court on the same
day that he filed the notice of appeal. On September 20, 2010, we notified Cutler
of our concern that we lacked jurisdiction over this appeal because the trial court
has not entered any appealable orders and informed him that we would dismiss
the appeal for want of jurisdiction unless he or any party desiring to continue the
1
See Tex. R. App. P. 47.4.
appeal filed a response showing grounds for continuing the appeal. We have not
received a response. Because we generally have jurisdiction to consider an
appeal in a criminal case only when there has been a judgment of conviction,
and because the trial court has not entered an appealable order, we dismiss the
appeal for want of jurisdiction. See McKown v. State, 915 S.W.2d 160, 161 (Tex.
App.—Fort Worth 1996, no pet.).
PER CURIAM
PANEL: MEIER, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: November 18, 2010
2