Opinion
NO. 09-12-00362-CV
09-27-2012
WESLEY P. WYNN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 221st District Court
Montgomery County, Texas
Trial Cause No. 08-02-02079 CR
MEMORANDUM OPINION
Wesley P. Wynn filed a notice of appeal from an order denying a pro se request to avoid the payment of court costs originally assessed in a 2008 judgment in a criminal case. On August 23, 2012, we notified the parties that we would dismiss the appeal for lack of jurisdiction unless grounds were shown for continuing the appeal. We have not received a response to that notice.
The trial court's order does not appear to concern an enforcement action. See Tex. Gov't Code Ann. § 501.014(e) (West 2012); see Harrell v. State, 286 S.W.3d 315, 319 (Tex. 2009) (the trial court's order in an enforcement action is appealable as a civil case). Moreover, Wynn did not seek to perfect an appeal until he sent a letter dated July 12, 2012 to this Court. If the trial court's order of May 3, 2012 were appealable, Wynn did not file notice of appeal within the time permitted for perfecting appeal or for obtaining an extension of time for filing notice of appeal. See Tex. R. App. P. 26.1, 26.3. The appeal is dismissed for lack of jurisdiction.
APPEAL DISMISSED.
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CHARLES KREGER
Justice
Before Gaultney, Kreger, and Horton, JJ.