Misty Renee Reddicks v. State

Opinion issued November 13, 2008.  

  In The  

Court of Appeals  

For The  

First District of Texas  

____________

NO. 01-08-00737-CR

____________

MISTY RENEE REDDICKS, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 1146923

---

MEMORANDUM OPINION

          We lack jurisdiction to hear this appeal. On December 26, 2007, appellant Misty Renee Richards waived indictment for the felony offense of possession of a controlled substance in trial court cause number 1146923. At appellant’s request, the trial court made a finding of indigency and appointed counsel to represent appellant. On December 26, 2007, appellant pleaded guilty and, in accordance with the plea bargain agreement, the trial court deferred a finding of guilt and placed appellant community supervision for a period of two years.  

          On April 9, 2008, the State filed a written motion to adjudicate guilt. Subsequently, on June 13, 2008, the State filed a motion to dismiss its motion to adjudicate guilt. The motion to dismiss was signed by an Assistant District Attorney for Harris County, Texas. Included with the motion to dismiss is the following order:

“The foregoing motion having been presented to me on this the 13th day of June, A.D. 2008 and the same having been considered, it is, therefore, ORDERED, ADJUDGED AND DECREED that said above entitled and numbered cause be and the same is hereby dismissed.”

The order is signed Judge, 337th District Court, Harris County, Texas. See Tex. Code Crim. Proc. Ann. Art. 32.02 (Vernon 2007). The trial court’s order dismissed the State’s motion to adjudicate.

          On August 12, 2008, appellant filed a pro se notice of appeal. Because the underlying motion to adjudicate guilt was dismissed, there is no final judgment of conviction or other appealable order for this Court to review.

          We therefore dismiss the appeal for lack of jurisdiction.  

          It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).