NUMBER 13-04-338-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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THE STATE OF TEXAS,                                                     Appellant,

v.

SCOTT CHRISTOPHER TURNER,                                          Appellee.

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On appeal from the 24th District Court

of Jackson County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

         Appellant, THE STATE OF TEXAS, attempted to perfect an appeal from a shock probation order entered by the 24th District Court of Jackson County, Texas, in cause no. 97-9-5950. The clerk’s record was received on August 12, 2004.

         Upon review of the clerk’s record, it appeared that the order from which this appeal was taken was not an appealable order. Notice of this defect was given so that steps could be taken to correct the defect, if it could be done. Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of the notice, the appeal would be dismissed for want of jurisdiction. Appellant failed to file a response as requested by this Court’s notice.

         The Court, having considered the documents on file and appellant’s failure to respond to this Court’s notice, is of the opinion that the appeal should be dismissed for want of jurisdiction. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

                                                               PER CURIAM

Memorandum Opinion delivered and filed this

the 30^th day of December, 2004.