Dathan Troace Sears v. State

lee, elmer edward v. state

                                        NO. 12-07-00002-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DATHAN TROACE SEARS,           §                      APPEAL FROM THE SEVENTH

APPELLANT

V.        §                      JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §                      SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed for want of jurisdiction.  A defendant’s general right to appeal is limited to appeal from a final judgment.  State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990); see also Tex. Code Crim. Proc. Ann. art. 44.02 (Vernon 2006).  Courts of appeals do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law.  Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). The clerk’s record in this appeal contains neither a final judgment nor an appealable interlocutory order.

            On April 20, 2007, this court notified Appellant, pursuant to Texas Rules of Appellate Procedure 37.2 and 44.3, that the clerk’s record does not contain a final judgment or appealable order.  Appellant was further notified that unless the clerk’s record was amended on or before April 30, 2007 to show the jurisdiction of this court, the appeal would be dismissed.  The April 30, 2007 deadline for amending the clerk’s record has passed, and Appellant has not shown the jurisdiction of this court or otherwise responded to this court’s notice.  Accordingly, the appeal is dismissed for want of jurisdiction.

Opinion delivered May 9, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)