John Bradley Dainwood v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-07-424 CR ____________________

JOHN BRADLEY DAINWOOD, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 36723

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MEMORANDUM OPINION

On September 6, 2007, we notified the parties that our jurisdiction was not apparent from the notice of appeal, and that we would dismiss the appeal for want of jurisdiction unless we received a response showing grounds for continuing the appeal. The appellant did not file a response.

The notice of appeal seeks to appeal the trial court's order denying appellant's motion to withdraw his plea. In his notice of appeal, appellant states his trial occurred in 1979, and he filed his motion to withdraw his plea in July of 2007. Appellant never perfected a timely appeal of the judgment of conviction. The trial court's order denying appellant's motion to withdraw his plea is not separately appealable. See generally Tex. Code Crim. Proc. Ann. art. 44.02 (Vernon 2006) (A defendant may appeal as provided under the rules.); Workman v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961) (An appellate court generally only has jurisdiction to consider an appeal by a criminal defendant from a final judgment of conviction.). Accordingly, we hold the order from which appellant appeals is not appealable. We dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED FOR LACK OF JURISDICTION.

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CHARLES KREGER

Justice

Opinion Delivered

October 10, 2007

Do not publish

Before McKeithen, C.J., Gaultney and Kreger, JJ.