Opinion
No. 06-10-00027-CR
Date Submitted: April 20, 2010.
Date Decided: April 21, 2010. DO NOT PUBLISH.
On Appeal from the Sixth Judicial District Court, Lamar County, Texas, Trial Court No. 23408.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
The State filed a notice of appeal February 19, 2010, from the trial court's February 17, 2010, order granting the defendant's motion to prevent the State from enhancing Shannon Earl Kendricks' sentence to a habitual offender. The State's right of appeal is specified by statute. The State may appeal from an order dismissing a portion of an indictment, information, or complaint. TEX. CODE CRIM. PROC. ANN. art. 44.01(a)(1) (Vernon Supp. 2009). On our review of the clerk's record, we noted that the enhancement paragraph in this case was not contained in the indictment, but in a "Notice of Intent to Seek Enhanced Sentence as a Habitual Offender Pursuant to Texas Penal Code Sec. 12.42." The trial court's ruling was thus not a dismissal of a portion of the indictment. The Texas Court of Criminal Appeals strictly construes the statutory requirements of Article 44.01, which establishes the State's limited right of appeal. State v. Riewe, 13 S.W.3d 408, 411 (Tex. Crim. App. 2000). After our receipt of the clerk's record March 22, we notified the State by letter on that same date of the possible jurisdictional defect and requested that counsel, within ten days of the date of the letter, show this Court how it had jurisdiction. We have received no response. There being no appealable order in the record, we dismiss this appeal for want of jurisdiction.