Opinion
No. 06-06-00051-CR
Submitted: April 4, 2006.
Decided: April 5, 2006. DO NOT PUBLISH.
On Appeal from the 252nd Judicial District Court, Jefferson County, Texas, Trial Court No. 93433.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Billie Renee Brown pled guilty, without a plea agreement, to the State's allegations of theft and unauthorized use of a motor vehicle. Brown's court-appointed attorney was not available at Brown's sentencing hearing. Over Brown's objection, the trial court appointed substitute counsel to represent Brown at the hearing, at the end of which the trial court imposed a two-year sentence. Having concluded that the trial court committed reversible error when it substituted counsel sua sponte, we reversed the trial court's judgment as to punishment and remanded the cause to the trial court for further proceedings. See Brown v. State, 182 S.W.3d 427 (Tex.App.-Texarkana 2005, no pet.). From this second hearing, Brown has filed a pro se notice of appeal complaining that the trial court failed to sentence her in a manner consistent with our previous opinion. We are, however, without jurisdiction over the appeals relating to the second punishment hearing. See TEX. CONST. art. 5, § 6; Hogan v. G.C. S.F. Ry. Co., 411 S.W.2d 815, 816 (Tex.Civ.App.-Beaumont 1966, writ ref'd). Brown was convicted and sentenced in the 252nd Judicial District Court of Jefferson County. Jefferson County does not lie within the boundaries of the Sixth Court of Appeals district. See TEX. GOV'T CODE ANN. § 22.201(g) (Vernon Supp. 2005). Brown's previous appeals were transferred to this Court pursuant to the Texas Supreme Court's docket equalization order. See TEX. GOV'T CODE ANN. § 73.001 (Vernon 2005). No such order is in place with respect to Brown's appeal of the second punishment hearing. We, therefore, dismiss her appeal for want of jurisdiction.
This appeal concerns Brown's conviction for theft. In a companion case, Brown v. State, cause number 06-06-00052-CR, we address the identical issue with respect to her conviction for unauthorized use of a motor vehicle.