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Foster v. State

Court of Appeals of Texas, Ninth District, Beaumont
Jan 19, 2005
No. 09-04-484 CR (Tex. App. Jan. 19, 2005)

Opinion

No. 09-04-484 CR

Opinion Delivered January 19, 2005. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 91660. Appeal Dismissed for Lack of Jurisdiction.

Before GAULTNEY, KREGER and HORTON, JJ.


MEMORANDUM OPINION

Tex.R.App.P. 47.4.


On December 2, 2004, we informed the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed 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 "for dismissal in violation of the Texas Speedy Trial Act." The district clerk informed the Court that no denial order had been entered. Accordingly, we hold the appellant failed to invoke our appellate jurisdiction because no appealable order has been signed by the trial court. The appeal is dismissed for want of jurisdiction.

We express no opinion on the appealability of an interlocutory order denying a motion for speedy trial. See Ex parte Weise, 55 S.W.3d 617, 619-20 (Tex.Crim.App. 2001); Ex parte Delbert, 582 S.W.2d 145, 146 (Tex.Crim.App. 1979). Presumably, the appellant is not referring to former Article 32A.02, Code of Criminal Procedure. See Meshell v. State, 739 S.W.2d 246 (Tex.Crim.App. 1987).


Summaries of

Foster v. State

Court of Appeals of Texas, Ninth District, Beaumont
Jan 19, 2005
No. 09-04-484 CR (Tex. App. Jan. 19, 2005)
Case details for

Foster v. State

Case Details

Full title:WILLIAM FOSTER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Jan 19, 2005

Citations

No. 09-04-484 CR (Tex. App. Jan. 19, 2005)