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Mitchell v. State

Court of Appeals of Texas, Ninth District, Beaumont
Mar 28, 2007
No. 09-07-078 CR (Tex. App. Mar. 28, 2007)

Opinion

No. 09-07-078 CR

Opinion Delivered March 28, 2007. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas Trial Cause No. 88300.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.


MEMORANDUM OPINION


The clerk's record, filed March 6, 2007, contains an order granting a motion for reconsideration of probation revocation in Cause No. 88300 and vacating the previous adjudication of guilt and sentence. The appellant was sentenced on January 26, 2007. He filed a motion for reconsideration of probation revocation and sentence on February 20, 2007. The trial judge signed an order granting the motion for reconsideration and vacating the previous adjudication of guilt and sentence on February 21, 2007. The trial court also entered an order extending the terms of appellant's community supervision for two years. It appears the order adjudicating appellant guilty and sentencing him to confinement was vacated within the period of the trial court's plenary power. The Court finds it lacks jurisdiction over this appeal. Accordingly, the appeal is dismissed for want of jurisdiction. APPEAL DISMISSED.


Summaries of

Mitchell v. State

Court of Appeals of Texas, Ninth District, Beaumont
Mar 28, 2007
No. 09-07-078 CR (Tex. App. Mar. 28, 2007)
Case details for

Mitchell v. State

Case Details

Full title:JERIMY DUANE MITCHELL, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Mar 28, 2007

Citations

No. 09-07-078 CR (Tex. App. Mar. 28, 2007)