Opinion
No. 09-04-188 CR
Opinion Delivered August 12, 2004. DO NOT PUBLISH.
On Appeal from the Criminal District Court Jefferson County, Texas, Trial Cause No. 77455. Appeal Dismissed for Lack of Jurisdiction.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
Tex.R.App.P. 47.4.
On July 1, 2004, we informed the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. The appellant did not file a response. The notice of appeal was filed pursuant to a mandate issued by the Court of Criminal Appeals on March 29, 2004, in habeas corpus proceeding No. AP-74,903. The Court of Criminal Appeals subsequently withdrew its mandate and its opinion in that case and issued a new opinion that provides for out-of-time filing of a petition for discretionary review of our Appeal No. 09-00-200 CR, rather than for a new appeal. The Court of Criminal Appeals issued a new mandate on May 24, 2004, and a petition for discretionary review has been filed. Accordingly, this appeal is dismissed for want of jurisdiction.