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Windsor v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Feb 18, 2016
No. 10-16-00012-CR (Tex. App. Feb. 18, 2016)

Opinion

No. 10-16-00012-CR

02-18-2016

WILLIAM M. WINDSOR, Appellant v. THE STATE OF TEXAS, Appellee


From the 40th District Court Ellis County, Texas
Trial Court No. 14-158

MEMORANDUM OPINION

Appellant William M. Windsor's January 15, 2015 notice of appeal states: Windsor serves this Notice of Appeal of the orders of this Court at a hearing on December 30, 2014. The only order entered in connection with the December 30 hearing was the trial court's judgment nisi pertaining to the forfeiture of Windsor's personal-recognizance bond. Bond-forfeiture appeals are criminal matters but are governed by the procedural rules that govern civil appeals. See Safety Nat'l Cas. Corp. v. State, 305 S.W.3d 586, 588 (Tex. Crim. App. 2010); Int'l Fidelity Ins. Co. v. State, No. 10-03-00178-CR, 2003 WL 22976423, at *1 (Tex. App.—Waco Dec. 17, 2003, no pet.) (mem. op., not designated for publication).

In a letter dated January 14, 2016, the Clerk notified Windsor that this appeal was subject to being dismissed for lack of jurisdiction because it does not appear to be an appeal of a final judgment because the December 30, 2014 judgment nisi is not a final, appealable judgment. See TEX. CODE CRIM. PROC. ANN. art. 44.42 (West 2006) ("An appeal may be taken by the defendant from every final judgment rendered upon a personal bond, bail bond or bond taken for the prevention or suppression of offenses, where such judgment is for twenty dollars or more, exclusive of costs, but not otherwise.") (emphasis added).

The Clerk further notified Windsor that unless he showed grounds for continuing this appeal within 14 days, the appeal would be dismissed for lack of jurisdiction. Windsor has not responded, and the Court determines that this appeal should be, and therefore is, dismissed for lack of jurisdiction.

REX D. DAVIS

Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Dismissed
Opinion delivered and filed February 18, 2016
Do not publish
[CR25]


Summaries of

Windsor v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Feb 18, 2016
No. 10-16-00012-CR (Tex. App. Feb. 18, 2016)
Case details for

Windsor v. State

Case Details

Full title:WILLIAM M. WINDSOR, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Feb 18, 2016

Citations

No. 10-16-00012-CR (Tex. App. Feb. 18, 2016)