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Patterson v. State

Court of Appeals For The First District of Texas
Feb 23, 2016
NO. 01-15-00911-CR (Tex. App. Feb. 23, 2016)

Opinion

NO. 01-15-00911-CRNO. 01-15-00912-CRNO. 01-15-00913-CR

02-23-2016

DREW PATTERSON, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 228th District Court Harris County, Texas
Trial Court Cause Nos. 1430814, 1430815, & 1430816

Appellate cause no. 01-15-00911-CR; trial court cause no. 1430814. Appellate cause no. 01-15-00912-CR; trial court cause no. 1430815. Appellate cause no. 01-15-00913-CR; trial court cause no. 1430816.

MEMORANDUM OPINION

Appellant, Drew Patterson, was indicted for the offense of evading arrest or detention in the trial court cause number 1430814, and was indicted for two counts of aggravated assault in the trial court cause numbers 1430815 and 1430816, all on July 18, 2014. Appellant, proceeding pro se and incarcerated, filed a form notice of appeal in each case on August 22, 2014, and these appeals were assigned to this Court on October 26, 2015.

The trial clerk filed an affidavit, dated October 19, 2015, attached to the partial clerk's records filed in this Court, explaining that appellant's filing of over 250 documents in the trial court had delayed the timely processing of these three cases to the appellate division of the trial clerk's office and assignment of the notices of appeals to this Court. --------

However, appellant's notices of appeal are premature because the trial clerk's assignment letters stated that there was no judgment as of October 21, 2015, and the partial clerk's records, requested by the Clerk of this Court, confirm that there are no judgments of conviction. Appellant also filed pro se letter-motions for hybrid representation and an extension of time to pay for the records in this Court. We dismiss these appeals for want of jurisdiction and dismiss the motions as moot.

There is no constitutional right to appellate review of criminal convictions. See Phynes v. State, 828 S.W.2d 1, 2 (Tex. Crim. App. 1992). The right to appeal in criminal cases is conferred by the legislature, and a party may appeal only from judgments of conviction or orders authorized as appealable. See TEX. CRIM. PROC. CODE ANN. art. 44.02 (West Supp. 2015); TEX. R. APP. P. 25.2(a)(2); see also Marin v. State, 851 S.W.2d 275, 278 (Tex. Crim. App. 1993).

Because the partial clerk's record in each case reveals that there are no judgments of conviction or appealable orders adverse to appellant, and no certifications permitting appellant the right of appeal, we lack jurisdiction over these appeals. See TEX. R. APP. P. 25.2(d) (stating that criminal appeal must be dismissed if certification of right of appeal has not been made part of the record); see, e.g., Williams v. State, No. 14-15-00837-CR, 2016 WL 145570, at *1 (Tex. App.—Houston [14th Dist.] Jan. 12, 2016, no pet. h.) (per curiam) (mem. op.) (not designated for publication) (dismissing appeal for want of jurisdiction because record contains no appealable order).

CONCLUSION

Accordingly, we dismiss these three appeals for want of jurisdiction. See TEX. R. APP. P. 43.2(f). We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Keyes and Higley. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Patterson v. State

Court of Appeals For The First District of Texas
Feb 23, 2016
NO. 01-15-00911-CR (Tex. App. Feb. 23, 2016)
Case details for

Patterson v. State

Case Details

Full title:DREW PATTERSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Feb 23, 2016

Citations

NO. 01-15-00911-CR (Tex. App. Feb. 23, 2016)

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