Jimmy Joseph Newell v. State

IN THE
TENTH COURT OF APPEALS
No. 10-18-00109-CV
JIMMY JOSEPH NEWELL,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2017-1307-C2
ORDER
Appellant’s Motion to Classify Appeal as Criminal was filed on July 19, 2018. In
that motion, appellant requests that we change the designation of this appeal from civil
to criminal. Appellant is appealing “the final order of the trial court filed on Feb. 20, 2018
denying his ‘Motion to Rescind Withdrawal Notification.’” (See Notice of Appeal). The
withdrawal notification referenced is an order to withdraw funds from an inmate’s
prison account. Orders withdrawing funds have been determined to be civil matters, not
criminal matters. See Harrell v. State, 286 S.W.3d 315, 321 (Tex. 2009); Johnson v. Tenth
Judicial Dist. Court of Appeals at Waco, 280 S.W.3d 866, 874 (Tex. Crim. App. 2008); Ramirez
v. State, 318 S.W.3d 906, 908 (Tex. App.—Waco 2010, no pet.). Thus, an appeal from an
order denying the challenge to a withdrawal order is a civil appeal. See id.; see also TEX.
R. APP. P. 12.2(a)(4).
Accordingly, appellant’s motion is denied.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion denied
Order issued and filed July 25, 2018
Newell v. State Page 2