Opinion
No. 07-18-00257-CR
07-27-2018
DONALD RAY MCCRAY, APPELLANT v. THE STATE OF TEXAS, APPELLEE
On Appeal from the 251st District Court Potter County, Texas
Trial Court No. 70,652-C, Honorable Ana Estevez, Presiding
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and PARKER, JJ.
Appellant Donald Ray McCray, proceeding pro se, filed a notice of appeal from a purported judgment. However, no pronouncement of sentence or appealable order has been entered by the trial court. Questioning whether we have jurisdiction over the appeal, we directed appellant to address the matter. In response, appellant has requested a 45-day extension to "file notice pursuant to the outline of Rule 38.1 of the Appellate Procedure." Rule 38.1 of the Texas Rules of Appellate Procedure pertains to the filing of an appellate brief, specifying the issues for substantive review by this court. If we have no jurisdiction over the appeal, we cannot review issues raised in such a brief. Because appellant's need for an extension is baseless, we deny his request.
Appellant has previously filed five notices of appeal in this criminal case: cause numbers 07-16-00020-CR, 07-16-00444-CR, 07-17-00058-CR, 07-17-00258-CR, and 07-18-00011-CR. We dismissed the appeals for want of jurisdiction.
As we stated in Kerr v. State, No. 07-13-00128-CR, 2014 Tex. App. LEXIS 12850, at *9 (Tex. App.—Amarillo Nov. 25, 2014, no pet.) (mem. op., not designated for publication), "[w]hen no sentence is pronounced, there is no valid judgment or conviction from which to appeal." Given the absence of either an oral pronouncement of sentence or an appealable order, we have no jurisdiction over the appeal. Therefore, we dismiss the appeal for want of jurisdiction.
Per Curiam Do not publish.