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Weisinger v. State

COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS
Dec 21, 2011
NO. 12-11-00351-CR (Tex. App. Dec. 21, 2011)

Opinion

NO. 12-11-00351-CR

12-21-2011

DANNY DALE WEISINGER, SR., APPELLANT v. THE STATE OF TEXAS, APPELLEE


APPEAL FROM THE 349TH JUDICIAL DISTRICT COURT HOUSTON COUNTY, TEXAS


MEMORANDUM OPINION

PER CURIAM

Appellant Danny Dale Weisinger Sr. attempts to appeal a postconviction order denying his motions for judgment nunc pro tunc and appointment of counsel.

As a general rule, an appeal in a criminal case may be taken only from a judgment of conviction. See Workman v. State, 170 Tex. Crim. 621, 622, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961). However, there are certain narrow exceptions. Wright v. State, 969 S.W.2d 588, 589 (Tex. App.-Dallas 1998, no pet.) (listing exceptions). The order Appellant complains of is not a judgment of conviction nor does it fall within any exception to the general rule. Therefore, we have no jurisdiction over the appeal.

On November 8, 2011, this court notified Appellant that the information received in this appeal does not include a final judgment or other appealable order and therefore does not show the jurisdiction of this court. See TEX. R. APP. P. 37.2. Appellant was further notified that the appeal would be dismissed unless the information was amended on or before December 8, 2011, to show the jurisdiction of this court. See TEX. R. APP. P. 44.3. However, the December 8 deadline has passed, and Appellant has not shown the jurisdiction of this court.

Because Appellant has not shown the jurisdiction of this court, the appeal is dismissed forwant of jurisdiction. See TEX. R. APP. P. 42.3(a). Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)


Summaries of

Weisinger v. State

COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS
Dec 21, 2011
NO. 12-11-00351-CR (Tex. App. Dec. 21, 2011)
Case details for

Weisinger v. State

Case Details

Full title:DANNY DALE WEISINGER, SR., APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

Date published: Dec 21, 2011

Citations

NO. 12-11-00351-CR (Tex. App. Dec. 21, 2011)