Opinion
07-23-00439-CR
01-29-2024
JOAQUIN AVALOS, APPELLANT v. THE STATE OF TEXAS, APPELLEE
Do not publish.
On Appeal from the 100th District Court Hall County, Texas Trial Court No. 4017, Honorable Dale A. Rabe, Presiding
Before PARKER and DOSS and YARBROUGH, JJ.
MEMORANDUM OPINION
Per Curiam
Appellant, Joaquin Avalos, filed a notice of appeal from the trial court's purported "judgment rendered against him in this case." The trial court clerk, however, has notified this Court that Appellant's criminal case has yet to proceed to trial. Because no pronouncement of sentence or appealable order has been entered by the trial court, we have no jurisdiction over the appeal. See Thompson v. State, 108 S.W.3d 287, 290 (Tex. Crim. App. 2003) (holding that there is no "conviction" to appeal before a sentence is rendered); Saunders v. State, No. 07-23-00237-CR, 2023 Tex.App. LEXIS 5410, at *1 (Tex. App.-Amarillo July 25, 2023, no pet.) (per curiam) (mem. op., not designated for publication) (dismissing premature appeal, where sentencing had yet to occur, for want of jurisdiction).
By letter of December 21, 2023, we directed Appellant's counsel to show how this Court has jurisdiction over the appeal by January 4, 2024. Appellant's counsel did not respond to our letter and has had no further communication with this Court to date. The trial court clerk has since reaffirmed that Appellant's case is still pending and no judgment has been entered.
Accordingly, this appeal is dismissed for want of jurisdiction.