Opinion
NO. 12-15-00309-CR
01-13-2016
MICHAEL KENNEDY, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEAL FROM THE 3RD JUDICIAL DISTRICT COURT ANDERSON COUNTY, TEXASMEMORANDUM OPINION
Appellant was convicted of theft and sentenced to imprisonment for sixty-two years. See generally Kennedy v. State, No. 12-08-00246-CR, 2009 WL 4829989 (Tex. App.-Tyler Dec. 16, 2009, pet. stricken) (mem. op., not designated for publication). This court affirmed Appellant's conviction but reversed the judgment with respect to the punishment imposed and remanded for a new punishment hearing. See id. at *4. On remand, the trial court held a second trial on punishment, and the jury sentenced Appellant to ninety-nine years of imprisonment. See generally Kennedy v.State, No. 12-11-00041-CR, 2012 WL 3201924 (Tex. App.-Tyler Aug. 8, 2012, pet. ref'd) (mem. op., not designated for publication). This court affirmed the trial court's judgment. Id. at *8.
On December 14, 2015, Appellant filed a notice of appeal in this case stating that he is appealing this court's "denying to recus[e] themsel[ves]" in appellate cause number 12-11-00041-CR. As a general rule, an appeal in a criminal case may be taken only from a judgment of conviction. See Workman v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961). However, there are certain narrow exceptions to this rule. Wright v. State, 969 S.W.2d 588, 589 (Tex. App.-Dallas 1998, no pet.) (listing exceptions). Appellant timely appealed the judgment in cause number 12-11-00041-CR, and the instant appeal was filed approximately three years after that judgment became final. No exception to the general rule stated in Workman applies here. Therefore, we have no jurisdiction over the appeal.
Our records do not reflect that a motion to recuse was filed or that any order overruling a motion to recuse was issued in cause number 12-11-00041-CR. --------
On December 17, 2015, this court sent Appellant a dismissal warning questioning its jurisdiction in this case because the information filed in this appeal does not include a final judgment or other appealable order. See TEX. R. APP. P. 37.1. In response to this court's notice, Appellant filed a document entitled "Motion Showing Why This Court Have Jurisdiction Because the 12th Court of Appeals Justices Never Recus[ed] Themselves In This Appeal Or Certified The Case To The Entire Trial Court By Tex. R. App. Proc. § 16.1, 16.2 and 16.3 In Trial No. 29326." The body of the document contains no further explanation, but includes a prayer for relief. This response is insufficient to show that this court has jurisdiction of the appeal.
Because Appellant has not shown the jurisdiction of this court, the appeal is dismissed for want of jurisdiction.See TEX. R. APP. P. 37.1, 42.3. All pending motions are dismissed as moot. Opinion delivered January 13, 2016.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
(DO NOT PUBLISH)
JUDGMENT
Appeal from the 3rd District Court of Anderson County, Texas (Tr.Ct.No. 29326)
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this court is without jurisdiction of the appeal, and that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.