Donald Ray McCray v. Texas Department of Criminal Justice Institutional Division

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-18-00257-CR
DONALD RAY MCCRAY, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 251st District Court
Potter County, Texas
Trial Court No. 70,652-C, Honorable Ana Estevez, Presiding
July 27, 2018
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and PARKER, JJ.
Appellant Donald Ray McCray, proceeding pro se, filed a notice of appeal from a
purported judgment.1 However, no pronouncement of sentence or appealable order has
been entered by the trial court. Questioning whether we have jurisdiction over the appeal,
we directed appellant to address the matter. In response, appellant has requested a 45-
day extension to “file notice pursuant to the outline of Rule 38.1 of the Appellate
1Appellant has previously filed five notices of appeal in this criminal case: cause numbers 07-16-
00020-CR, 07-16-00444-CR, 07-17-00058-CR, 07-17-00258-CR, and 07-18-00011-CR. We dismissed the
appeals for want of jurisdiction.
Procedure.” Rule 38.1 of the Texas Rules of Appellate Procedure pertains to the filing of
an appellate brief, specifying the issues for substantive review by this court. If we have
no jurisdiction over the appeal, we cannot review issues raised in such a brief. Because
appellant’s need for an extension is baseless, we deny his request.
As we stated in Kerr v. State, No. 07-13-00128-CR, 2014 Tex. App. LEXIS 12850,
at *9 (Tex. App.—Amarillo Nov. 25, 2014, no pet.) (mem. op., not designated for
publication), “[w]hen no sentence is pronounced, there is no valid judgment or conviction
from which to appeal.” Given the absence of either an oral pronouncement of sentence
or an appealable order, we have no jurisdiction over the appeal. Therefore, we dismiss
the appeal for want of jurisdiction.
Per Curiam
Do not publish.
2