Robert Donnell Davis, Jr. v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-462-CR

ROBERT DONNELL DAVIS, JR.                                                APPELLANT

V.

THE STATE OF TEXAS                                                                  STATE

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FROM COUNTY CRIMINAL COURT NO. 3 OF DENTON COUNTY

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MEMORANDUM OPINION¹

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        On September 15, 2004, Robert Donnell Davis, Jr. filed a pro se Appeal Affidavit urging the chief justice of this court to commence a court of inquiry concerning criminal trespass charges pending against Appellant.  On September 30, 2004, we notified Appellant of our concern that this court may not have jurisdiction because courts of inquiry are to be conducted by district judges, not appellate court judges² and no final, appealable judgment or order has been entered in the trial court.³ We also notified Appellant that this appeal would be dismissed unless Appellant or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal.⁴  No response has been filed.  Therefore, for the reasons stated above, we dismiss this appeal for want of jurisdiction.⁵

                                                                  ANNE GARDNER
                                                                  JUSTICE

PANEL D:   GARDNER, WALKER, and MCCOY, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: November 18, 2004

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NOTES

1. See Tex. R. App. P. 47.4.

2. See Tex. Code Crim. Proc. Ann. art. 52.01 (Vernon Supp. 2004-05).

3. See Bridle v. State, 16 S.W.3d 906, 907 (Tex. App.—Fort Worth 2000, no pet.).  Appellant’s criminal trespassing case was set for trial September 30, 2004.

4. See Tex. R. App. P. 42.3(a), 44.3.

5. See id.