Opinion
NO. 02-11-00180-CR
10-20-2011
WILLIAM ROGER WISENER APPELLANT v. THE STATE OF TEXAS STATE
FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant William Roger Wisener was convicted of robbery causing bodily injury in December 2007 after he pleaded guilty in exchange for ten years' confinement and a plea in bar in case number 1027357. In 2011, Wisener filed a "Motion for New Trial on Material Evidence and Hearing Thereof," and on April 25, 2011, the trial court denied the motion for want of jurisdiction. Wisener filed a notice of appeal, attempting to appeal the trial court's April 25, 2011 order.
In its order denying the motion, the trial court suggested that Wisener could file an application for a post-conviction writ of habeas corpus.
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On May 25, 2011, we sent Wisener a letter stating that because no Texas statute authorizes a direct appeal from the denial of a motion for new trial, we lack jurisdiction over this case. See Tex. Code Crim. Proc. Ann. art. 44.02 (West 2006) ("A Defendant in any criminal action has the right of appeal under the rules hereinafter prescribed . . . ."); see also id. art. 11.07 (West 2006); McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.).
We instructed Wisener or any party desiring to continue the appeal to file a response by June 6, 2011, showing grounds for continuing the appeal or the appeal would be dismissed, but no response has been filed. See Tex. R. App. P. 44.3. Therefore, we dismiss the appeal. See Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL: MCCOY, MEIER, and GABRIEL, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b)